In Tennessee, Guardian ad Litems are often appointed in cases that involve children.      Courts appoint Guardian ad Litems to specifically investigate cases and make specific recommendations about what is in the best need of the children involved.      Guardians are either appointed under Supreme Court Rule 40 (Juvenile Court dependency and neglect cases) or Supreme Court Rule 40A (custody proceedings, usually in Circuit or Chancery Court).  

In Tennessee, Guardians are usually attorneys and are either paid directly by the parties or are paid by the Administrative Office of the Courts (AOC), if the parties have been declared indigent.    The child is the client of the Guardian ad Litem, and unless the child is too young or is severely mentally disabled, meeting with the child is one of the first steps a Guardian needs to take.

Being a Guardian ad Litem is a very difficult job because custody cases are very complex and a lot of factors have to be taken into account in determining what is in the child's best interests.        It is very rare that one parent is totally in the right and the other is totally in the wrong.   The Guardian must review records, interview parties, and perform a careful weighing of statutory factors under T.C.A. Section 36-6-106, amongst others.

In addition, the Court often appoints a Guardian ad Litem in  cases in which litigation has been lengthy and acromonius.    These type of cases are never good for children.     

If you are getting divorced in Hamilton County Circuit or Chancery Court, then you need to get familiar with the concept of mediation, particularly if you have children.        If you have disagreements over your parenting plan, you will be required to attend mediation with your spouse before you can go to trial.     

What is mediation?  Mediation occurs when two parties involved in a conflict sit down with a neutral third party to try to resolve their disputes.   The mediator has absolutely no stake in the outcome of your case, but should be someone that is familiar with divorce law in Tennessee as well as local practice.    

What if I feel that mediation with my spouse is futile?   Although emotions may be running high during a divorce and you may feel that mediating your case is futile, you will be forced to try it.    And quite frankly, the bottom line is that any resolution you can come to with your spouse will always be your best outcome.    You can never predict what will happen in Court.       The Judges in Hamilton County Chancery and Circuit Court do not know the complete story of your marriage as you do.     And it is important to remember that this person sitting across from you at the mediation table is someone you once gave vows to and hopefully, is someone you once loved.      And particularly if children are involved, think about them.    It would be in their best interests for you and your spouse to resolve the divorce as amicably as possible so that your children do not suffer more than they need to.  Children are very intuitive and can pick up on your conflict.    Keep the peace for them.
   
How should I prepare for a mediation?   You should make a list of your non-negotiables as well as your negotiables.     There may be certain things you refuse to compromise on, and that is ok.   But realize as you go in to the mediation that if you cannot make an agreement and decide to take your case to court, you lose ALL control of the outcome.   Even though you may resist to your core giving in on certain issues, you must realize that if you go to trial, the results could be much worse.     It is also guaranteed that if you go to trial, your bank account will suffer.   And if you have children, this is money that could and should be spent on their future.       

There is a well-known adage that the sign of a good mediation is that everyone walks away unhappy.   This is true.   It is unlikely that if you reach agreement that you will be happy with all of its terms.   But that is ok.   Once your divorce is over, you will be able to start the process of healing and moving forward with the rest of your life.    This is more important than anything else.

Kathy Rowell, Attorney at Law, is now available and taking clients.  If you think you may need an attorney, use the "Contact me" form on this website or call me.    My consultation fee is $100 and if you retain me, I will deduct the consultation fee from the retainer.       

What is a retainer, anyway?    This term is widely misused by everybody, including attorneys.   The true definition of retainer is a fee you pay to secure the services of that lawyer--you are entering into a contract with the lawyer, and you are saying "I am hiring you and paying you money to reserve your services".     This fee is considered owed when paid.      This is usually referred to in Chattanooga as a  "nonrefundable retainer".     This is what I use.    That means this money goes straight to my main bank account.     As I work on your case, I bill for my hours.    If you use up all of your retainer money, I may have to ask you for more.   

Some attorneys, however, view the "retainer" or fee paid up-front for services as a deposit and put it in a lawyer's "trust account".    As the attorney works on your case, the attorney bills and moves the money from the trust account to his or her main bank account.    The attorney is holding the money in trust to you until actually earned.   

How does the difference affect me?  As a practical matter, it doesn't.    You will pay a fee up-front when you hire the attorney to represent you, and as the lawyer works on your case, he or she will pay themselves from this fee.    If the case is more complex than the lawyer thought, you will likely be billed for more money.   And, in either case, if the lawyer withdraws early or is fired by you, the lawyer is obligated to return the unearned portion to you.

All of this information on retainers was gently plagarized from The ABA Guide to Lawyer Trust Accounts by Jay G. Foonberg, J.D., C.P.A.