Civil Mediation in Tennessee: What It Is, How It Works, and Whether You Must Attend
Many people involved in a lawsuit expect their case will eventually go to trial. In reality, most civil disputes are resolved before trial, often through a process called mediation.
Mediation is widely used in Tennessee courts for both family law cases and general civil litigation, helping parties resolve disputes more efficiently and with less expense than traditional litigation.
If you are involved in a lawsuit or divorce in Tennessee, understanding mediation can help you prepare for one of the most important stages of your case.
What Is Civil Mediation?
Civil mediation is a form of alternative dispute resolution (ADR) in which a neutral third party—called a mediator—helps the parties negotiate a settlement of their dispute.
In Tennessee, mediation is governed by Rule 31 of the Tennessee Supreme Court Rules, which authorizes courts to refer many types of civil cases to mediation.
Unlike a judge or arbitrator, a mediator:
- Does not decide the case
- Does not impose a ruling
- Does not determine who wins or loses
Instead, the mediator helps the parties:
- Identify the core issues in dispute
- Evaluate the strengths and weaknesses of their claims
- Explore settlement options
- Work toward a mutually acceptable resolution
Any settlement reached during mediation is voluntary and must be agreed upon by the parties.
How Does the Mediation Process Work?
Although each mediation is different, most follow a similar process.
1. The Court Refers the Case to Mediation
In many Tennessee civil and domestic relations cases, the judge may enter an Order of Reference to mediation under Rule 31.
The order typically requires the parties to:
- Select a Rule 31 listed mediator
- Schedule mediation within a certain timeframe
- Participate in good-faith settlement discussions
Even if a case is referred to mediation, the parties are not required to settle. They must only participate in the process.
2. Selecting a Rule 31 Mediator
Mediators who handle court-ordered mediations must be approved under Rule 31 of the Tennessee Supreme Court Rules.
Rule 31 mediators are required to complete training and certification requirements and are regulated by the Tennessee Alternative Dispute Resolution Commission.
The parties may:
- Agree on a mediator, or
- Ask the court to appoint one if they cannot agree.
3. The Mediation Session
Most mediations occur in a conference room rather than a courtroom.
During mediation:
- The mediator explains the process.
- The parties may meet briefly together.
- The mediator usually separates the parties into private rooms.
- The mediator moves between the rooms discussing settlement proposals.
This process allows the parties to negotiate candidly and explore settlement options without the pressure of courtroom proceedings.
Most mediations last a few hours to a full day, depending on the complexity of the dispute.
Is Mediation Mandatory in Tennessee?
In many cases, yes.
Tennessee courts frequently require mediation in:
Domestic Relations Cases
Mediation is commonly required in disputes involving:
- Divorce
- Child custody
- Parenting plans
- Child support
- Property division
Courts often encourage mediation in family law cases because negotiated agreements tend to produce more stable long-term arrangements, especially when children are involved.
General Civil Litigation
Courts may also order mediation in many types of civil lawsuits, including:
- Contract disputes
- Construction litigation
- Business disputes
- Personal injury claims
- Real estate litigation
Even when mediation is not ordered by the court, attorneys often recommend it as a cost-effective way to resolve disputes.
The Benefits of Mediation
Mediation offers several advantages compared to traditional litigation.
Faster Resolution
Civil lawsuits can take months or even years to reach trial.
Mediation can often resolve disputes in a single day or a few sessions, allowing the parties to move forward more quickly.
Lower Legal Costs
Trials are expensive. Litigation costs can include:
- Attorney fees
- Expert witnesses
- Depositions
- Trial preparation
Studies suggest mediation may cost a fraction of the cost of a full trial, making it an attractive option for many litigants.
High Settlement Rates
Mediation is highly effective at resolving disputes.
Research indicates:
- Approximately 70% of civil cases settle through alternative dispute resolution before trial.
- Many mediation programs report settlement rates between 75% and 85%.
- Family law mediation success rates often range from 60% to 75%.
These statistics explain why courts across Tennessee routinely encourage mediation.
Higher Compliance with Agreements
When parties create their own settlement agreement, they are more likely to follow it.
Studies show voluntary compliance rates for mediated agreements can exceed 80–90%, significantly higher than compliance with court-imposed judgments.
This often reduces the need for future enforcement litigation.
Confidentiality
Court proceedings are generally public record.
Mediation, however, is typically confidential, which allows parties to negotiate openly without creating public testimony or admissions.
This can be particularly beneficial in:
- Divorce cases
- Business disputes
- Professional liability claims
What Happens If Mediation Does Not Result in Settlement?
If mediation does not resolve the dispute, the mediator simply reports to the court whether the case:
- Settled
- Partially settled
- Did not settle
The mediator does not disclose confidential discussions.
The case then proceeds through the normal litigation process toward trial.
Rule 31 Mediation Services in Tennessee
If your case has been referred to mediation, choosing an experienced mediator can make a significant difference in the outcome.
Harold E. Rushton is a Tennessee attorney and Rule 31 listed mediator with experience in:
- Divorce and family law mediation
- Child custody and parenting disputes
- Contract and business litigation
- Construction disputes
- General civil litigation
As both a practicing attorney and mediator, he understands the legal, financial, and practical considerations involved in resolving disputes through mediation.
Attorney Representation During Mediation
In addition to serving as a neutral mediator, Harold E. Rushton, attorney and Rule 31 listed Mediator at The Rushton Law Firm, PLLC also represents individuals involved in mediation.
Legal representation during mediation can help ensure that:
- Your rights are protected
- Settlement terms are clearly defined
- Agreements are legally enforceable
- You fully understand the long-term consequences of a proposed settlement
Having experienced counsel during mediation can often make the difference between a fair settlement and an unfavorable agreement.
Schedule a Consultation About Mediation
If you are involved in a divorce, custody dispute, or civil lawsuit in Tennessee, mediation may play a key role in resolving your case.
The Rushton Law Firm can assist you by:
- Serving as a Rule 31 mediator in your dispute, or
- Providing legal representation during mediation negotiations.
Early preparation for mediation can significantly improve your chances of reaching a favorable resolution.
Contact The Rushton Law Firm, PLLC to schedule a consultation and discuss how mediation may help resolve your case efficiently.