Bridging Differences:
Rule 31 Family Mediation
What is Mediation?
Mediation is an informal process used to resolve differences, provide alternative to litigation, and avoid courtroom battles. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates fair settlements for both parties.
Family Mediation provides needed assistance in resolving issues such as custody, visitation, property, and spousal support for those couples who have agreed to divorce or separate and assures a safe and supportive environment for discussing and solving these difficult issues.
What are the benefits of Mediation?
- People keep control over the resolution of their own problems
- Disputes can be settled promptly. A mediation session can be scheduled as soon as everyone agrees to use mediation to resolve the dispute, even before a lawsuit may be filed.
- Mediation costs are significantly less than taking a case to trail
- Mediation promotes better relationships through cooperative problem-solving and improved communication
- Mediation is private and confidential. The mediator and the people in the dispute must maintain the confidentiality of the information disclosed during mediation.
- Mediation is voluntary. Although a judge may order a case to proceed to mediation, the mediation may be terminated at any time by the people involved or by the mediator. Settlement is also voluntary. If you cannot reach an agreement, you still have the right to have the dispute before a judge or jury.
What is the Mediator’s Role?
The mediator is not a judge and does not make a decision or impose a solution on the dispute. Rather, the mediator helps those involved in the dispute talk to each other, thereby allowing them to resolve the dispute themselves. The mediator manages the mediation session and remains impartial
How does Mediation Work?
At the mediation session, each person involved in the dispute presents a summary of his or her point of view. If you have an attorney, he or she may go with you to the mediation session if you want. The mediator will meet with everyone together and may also meet individually with each side. This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well as to vent anger or frustrations outside the presence of the opposing side. The mediator will work with each personal until an agreement is reached that is acceptable to everyone.
When agreement is reached, it is drafted into a legally binding contract that can be made part of a court order. The people involved with the advice of their attorneys sign the appropriate documents.
How Long does Mediation Take?
The number of sessions needed to reach an agreement depends upon the complexity of the issues and the parties’ ability to be open to discussing the situation with each other and to work cooperatively toward a solution. It may be necessary to meet with the mediator more than once.
If you are already divorced and need assistance in working out changes, mediation is useful in modifying your existing agreement.
Who Pays for the Mediation?
The persons involved unless they agree otherwise share the cost of mediation equally. The fee for each mediation session is $150 per hour, payable at the end of each session. Time is charged to the nearest quarter of an hour. Appointments not canceled 48 hours in advance will be billed for one hour.
This document, based on Tennessee law, is issued to inform and not to advise.
Information revised from Tennessee Supreme Court Alternative Dispute Resolution Commission website.