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Is mediation mandatory in Tennessee?

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.

What are the similarities between mediation and arbitration?

Decisions are made by majority vote. Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial).

How much does mediation cost in Tennessee?

The cost of mediation varies with location, but generally court ordered mediation costs about $50 per hour to be divided by the couple. What if I can’t afford to pay for mediation? Free (pro bono) mediation is available for those couples that are able to meet the indigence requirement of the Court.

Do I legally have to go to mediation?

Do I really have to attend mediation? In most cases, you should attempt mediation. For the applicant considering a court application, it is part of the legal requirement to consider, as mentioned. However, both parties should be able to satisfy the family court that you have considered mediation.

Can a case go to mediation without rule 31?

Any case may go to mediation, arbitration, or other form of dispute resolution without having to go through the Rule 31 process. The Rule was set up to assist the court in obtaining a mediator or other neutral when the court or the parties want one.

When was the Tennessee Supreme Court Dispute Resolution Commission created?

In 1992, the Tennessee Supreme Court created a commission to study dispute resolution in Tennessee “with a view toward the use and implementation of procedures to expedite and enhance the efforts of the courts to secure the just, speedy, and inexpensive determination of disputes.”

How does mediation help you resolve a dispute?

MEDIATION: A voluntary settlement process to help you resolve disputes. Mediation is an informal process where a mediator helps people with a dispute to reach agreement. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement.

What is the purpose of Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR), otherwise known as mediation, is a concept that is sweeping the country. It is recognized as a way to reduce delay, reduce cost, and increase consumer satisfaction in the outcome of their disputes.