Frequently Asked Questions
As society becomes more complex, a push has been made to create and foster new methods to resolve family disputes in a timely manner.
What is ADR?
ADR is an umbrella term that describes various different processes to resolve disputes, such as mediation, case evaluation, arbitration (binding or non- binding) or a judicial settlement conference. In Tennessee, if you have a lawsuit pending in our Circuit or Chancery Courts, the Judge may order you to participate in one of these processes. ADR stands for “Alternative Dispute Resolution”. The idea behind ADR is that people are given the chance to consensually resolve or settle their disputes with others with the assistance of a trained facilitator, who is known as a “neutral”.
What is mediation?
Mediation is an informal process in which a neutral person conducts discussions among the disputing parties designed to enable them to reach a mutually acceptable agreement. Rule 31 Rules of Tennessee Supreme Court.
What kinds of cases can be mediated?
All issues in family law can be and regularly are resolved through mediation. Most disputes, other than criminal matters, are appropriate for mediation.
What are the benefits of mediation?
Resolution of a case through mediation often saves time, money, and feelings and if agreement is reached on all issues, enables the parties to avoid a contest in court. Mediation is a flexible process in which parties are given the opportunity to make informed decisions. Mediated agreements may have an ability to satisfy interests and goals of the parties that a court’s decision or ruling may not be able to provide.
How does mediation work?
The process is designed to be completely consensual and provides the forum to often overcome communication problems and other hindrances to resolve disputes. Mediation is a completely confidential process where the mediator is the only one who can report back to the judge regarding your case. Mediators do not function in a judicial capacity and are not there to render a ruling on your dispute. Mediations can take place with lawyers present or not depending on the need for legal advice during the process, as mediators are prohibited from rendering legal advice.
What are the traits of a good mediator?
A good mediator is a good listener and makes sure that the mediation remains balanced and on track.
Do I need a lawyer for mediation?
Not necessarily, depending on the need of legal advice. Mediators are neutral and are able to help the parties develop the documents needed to get a divorce or post-divorce agreements memorialized for the court.
Where do I find the Tennessee state rules concerning ADR/mediation?
Go to http://www.tsc.state.tn.us. Click on “Programs and Services” and then “ADR/Rule31” for more information.
What are the traits of a good mediator?
A good mediator is a good listener and makes sure that the mediation remains balanced and on track.
Advantages and disadvantages of mediation
Pros
- Greater creativity and flexibility with mediation.
- Opportunity to deal with matters in timely manner.
- Creates new model for family for dealing with future conflicts which may arise.
- Takes place in one or more sessions.
- With or without lawyers present, as the parents and their counsel agree.
- Is “interest” based rather than positional.
- Allows parties to have joint control over the result.
- Not without conflict, but less adversarial than trial.
- Confidential, no prejudice to the case results.
- Mediator’s job is to ensure fair and balanced process.
Cons
- Timing must be right with both parties realizing that they have something to
gain by reaching a resolution. - In the case of a power imbalance in the family, as in the case of domestic
violence, mediator must have special ability to keep the playing field
level. Choice of mediator can be very important.
At Mullins, Whitfield, White & Hillis, we understand that family matters are deeply personal and important. Whether you're navigating a difficult time or planning for the future, our dedicated team is here to offer compassionate and professional support.
Reach out to us today to learn how we can assist you with all your family law needs.
Warm regards,
The Mullins, Whitfield, White & Hillis Team
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668 Colonial Road, Suite 4
Memphis, TN 38117
(901) 527-2000
(901) 527-2100
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