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Tennessee Motion to Refer Case to Mediation

Category:
Arbitration and Mediation - Motions
State:
Multi-State
Control #:
US-02642BG
Format:
Word; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

The short answer is don't say things that are untrue, insulting, offensive, or uncooperative. Watching your words can be easier said than done in the heat of conflict. The guidance of a neutral mediator can help keep the discussion focused.

Five Keys to a Successful Mediation Attitude adjustment. This is probably the most important thing that you can do to help reach a successful conclusion in the mediation of your dispute. ... Prepare, prepare, prepare. ... State your case clearly and keep the emotion out. ... Be flexible. ... Be patient.

How to Increase Your Odds of Success Don't make threats: Threatening the other party or their attorney can escalate the situation. ... Don't use profanity: Avoid profanities because they can offend the other party. ... Don't make accusations: Making accusations during mediation can cause the opposing party to become defensive.

(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 ...

What Are Some Concerns Expressed About Mediation? Parties not mediating with "good faith" intent to work together to resolve the dispute. Parties not hearing what is said. Parties not willing to separate the person from the problem. Failure to have the right management representative present.

Quick Reference 1 A form of alternative dispute resolution in which an independent third party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptable resolution of the points of conflict.

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

Mediation is conducted privately between the parties with the assistance of a Mediation Specialist from the Tennessee Bureau of Workers' Compensation. It is both quicker and less expensive to settle the matter through an alternative dispute resolution process than through the court system.

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