Mediation helps many Tennessee families resolve divorce, custody or support issues outside of the courtroom. After reaching an agreement in mediation, though, many people wonder if the court will honor and enforce what they decided.
In most cases, the answer is yes. However, you must meet certain requirements to ensure the court will accept and enforce the agreement.
Mediated agreements must follow Tennessee law
Tennessee courts will enforce a mediated agreement as long as it follows the law and protects the best interests of the children. For example, a parenting plan must include details about custody, visitation, decision-making and child support. If the agreement leaves out important information or includes terms that conflict with legal requirements, the court may reject it.
The agreement must be clear and voluntary
Both parties must sign the agreement voluntarily. If one person claims they felt pressured, the court may review the situation more closely. The agreement must also be clear and complete. Vague terms or missing details can lead to confusion and disagreements. Courts prefer well-written agreements that show both sides understood the terms and intended to follow them.
The court must approve the agreement
After reaching a mediated agreement, both parties must present it to the court. The judge will review it to ensure it meets legal standards. If the agreement deals with children, the judge will make sure it supports the children’s well-being. Once the judge approves the agreement, it becomes a binding court order. If one person later refuses to follow it, the other can ask the court to enforce it.
A mediated agreement can save time, reduce stress and give both parties more control over the outcome. When written clearly and approved by the court, it carries the same legal weight as a decision made by a judge.