• 26
  • May
    2011

In a very interesting case out of Tennessee, a woman has filed a $15 million lawsuit against the attorney who handled her divorce mediation, claiming that she improperly advised the former husband to pursue an order of protection and that this action ignited a series of disastrous occurrences.

For those unfamiliar with the process, divorce mediation is a less costly and less contentious method of marital dissolution whereby former spouses come together outside of the courtroom to resolve important issues such as spousal support, property division, child support and child custody.

The entire process is managed by a neutral third party mediator who works to facilitate both conversation and compromise among the former spouses.

In the present matter, Isla W. and her then-husband J.R. H. met with a mediator, Diane M., to finalize their dissolution of marriage in January 2010. Shortly after this meeting, J.R. H. called Diane M. to complain about Isla W. sending him scores of unwanted emails and making unwelcome phone calls.

Here, Diane M. improperly advised J.R. H. to consider seeking an order for protection, and saving the emails in an attempt to embarrass Isla W. or convince her family to speak with her.

(It is worth noting that Diane M. did receive an admonishment from the Alternative Dispute Resolution Commission for overstepping her boundaries, but was still able to continue working as a mediator.)

J.R. H. heeded this advice, taking out an order of protection in Knox County.

According to the Isla W.'s complaint, she was unaware that any order of protection had been issued and that she unknowingly violated its terms. Consequently, she was "falsely arrested" and even lost her job.

Her complaint alleges legal malpractice, intentional infliction of emotional distress and breach of contract. She is seeking $5 million for each claim.

Stay tuned for updates on this story from our Denver family law blog ...

If you would like to learn more about divorce meditation, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Related Resources:

Ex-wife sues mediator who assisted with divorce (The Tennessean)