Tennessee Mediation Attorneys Helping Clients Find Fair Solutions

Mediation is a form of dispute resolution that is often appealing to two parties (or more) who have a legal issue between them. Mediation can be used to resolve disputes of any magnitude and, as a voluntary process, allows the participants to craft their own resolution through the use of a third party to serve as the neutral mediator.

Hunter, Smith & Davis, LLP, attorneys Morris Hadden, Michael Forrester, Steve Darden and Jason Creech are Tennessee Rule 31 Mediators, providing mediation services to parties who seek to resolve legal issues through alternative dispute resolution.

Many types of legal disputes are resolved through mediation and the achievement of a mediated settlement agreement either before or after a lawsuit is filed. Some of the more common are:

• Divorce and alimony
• Parenting arrangements
• Prenuptial agreements
• Termination of employment
• Workers’ compensation cases
• Discrimination and harassment
• Estate administration and trusts
• Eldercare arrangements
• Tenant/landlord disagreements
• Personal injury claims
• Insurance settlements

How Mediation Differs From Litigation

Mediation and litigation are two pathways to settle legal disputes, whether you are facing divorce conflicts, commercial breaches and workplace issues. However, each has a different approach in resolving problems.

In mediation, you and the other party have full control over negotiating an agreeable solution. All discussions remain confidential and can last for up to hours or days. This option leaves involved parties to set aside emotional conflict and create remedies that benefit everyone. Not only that, but mediation is less costly than a full court trial.

If mediation is a team effort, litigation tends to become more overwhelming because both parties want to win over the other. Depending on the complexity of your case, the proceedings may take months or even years to finish. During this time, you must continuously attend court hearings that can be stressful to handle. Additionally, a judge or jury has full discretion on the case’s outcome, which is also subject to public scrutiny.

An Overview Of The Mediation Process In Tennessee

Generally, the mediation process involves these steps:

• The court may set a deadline for mediation, or parties schedule a session with a Rule 31 certified mediator.
• Parties have the option to attend mediation sessions in person at the mediator’s office or virtually.
• The parties must sign a written conciliation agreement that explains the resolved matter, should mediation be successful.

At the end of mediation, the mediator files a report with the court regarding the status of the discussions. If parties reach an agreement, their attorneys are responsible for drafting and submitting the appropriate legal documents to the court for entry.

What Tennessee Laws Say About Mediation

Under Tennessee Rule 31, courts may order parties to participate in mediation for certain civil and family law matters before proceeding to trial. For court-ordered mediations in the state, parties must work with a mediator listed by the Tennessee Alternative Dispute Resolution Commission (ADRC) under Rule 31. These professionals should remain impartial and refrain from advocating one side or providing formal legal advice.

All parts of the mediation process remain confidential. Neither party can use discussions, negotiations and documents as evidence against the other in subsequent litigation. Moreover, involved parties cannot use a mediator as a witness in court.

Find Out How We Can Help You

No matter what legal matter you may have, Hunter, Smith & Davis, LLP, can be your mediation team. We are here to support you. Contact us via email or by phone at 423-397-7471 to connect with our team.