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The Mediation Process Mediation is an alternative dispute resolution process through which a neutral third party (the mediator) helps divorcing couples come to an agreement regarding their divorce settlement. Mediators do not take sides or tell couples what to do. Additionally, mediators do not offer legal advice.
Tennessee Supreme Court Rule 31 ? Rule 31 was enacted in 1996 to develop a system by which litigants, attorneys and the courts can locate qualified neutral mediators to help resolve matters pending before the court.
Applicants must have at least a baccalaureate degree. Applicants must complete a 40 ADR Commission approved training for General Civil Listing or a 46 hour ADR Commission approved training for Family Listing before submitting an application. The training must be completed prior to submitting an application.
Tennessee law requires mediation in all divorces (unless an exception applies) before allowing the parties to have a divorce trial. Depending on the circumstances, some judges may choose to forego the mediation requirement and will agree to hold (or order) a divorce trial without mediation.
(1) The mediator shall assist the parties in reaching a mutually acceptable resolution of all or part of the issues in dispute. The mediator has no authority to impose a resolution of the dispute on the parties. (2) The mediator shall conduct the mediation in good faith and in an expeditious and cost-effective manner.
The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.
(i) A "Rule 31 Mediation" is an informal process in which a Rule 31 Mediator conducts discussions among the parties that is designed to enable them to reach a mutually acceptable agreement among themselves on all or any part of disputed issues: 1) in or related to an Eligible Civil Action; or 2) in any civil dispute in