Rule 31

Today, a fast-growing number of legal disputes are resolved through Rule 31 mediation. In fact, many court districts mandate it for certain types of cases.

 

Alan Hall, a Rule 31-certified mediator for both civil and domestic disputes, assists individuals and organizations interested in pursuing a mediated resolution.

Why mediation?

  • Mediation is quick. Most sessions require only a few hours, and disputes can be resolved in just a few weeks, rather than months or years.
  • It’s much, much less expensive for clients.
  • It’s private. With few exceptions, the details of mediation sessions are confidential and cannot be used later in a court of law.
  • It promotes a continued relationship between the parties involved.
  • It creates opportunities to resolve disputes in cases that might not otherwise have been pursued because litigation was cost-prohibitive.


About Rule 31

In Tennessee, under Supreme Court Rule 31, parties in a civil or domestic dispute can opt for mediation, which the court defines as “an informal process in which a neutral person conducts discussions among disputing parties designed to enable them to reach a mutually acceptable agreement among themselves on all or any part of the issues in dispute.” If an agreement is reached, its terms become legally binding on the parties.

 

The process must be conducted by a Rule 31-certified mediator, who is obligated to be impartial, follows balanced process and keeps all proceedings confidential (except where disclosure is required by law).

 

At the end of the process, the mediator simply files a report with the court stating the names of the parties and whether the dispute was resolved.

Three Misconceptions About Mediation

1. “It’s only for big cases.”

Reality: Mediation is particularly suited to cases in which the amounts in dispute often make the time and expense of litigation cost-prohibitive.


2. “It’s like kissing your sister.”

Reality: Mediation typically involves a degree of compromise. That doesn’t mean the result is a virtual tie, or that each side walks away less than satisfied.


3. “It’s for divorce settlements.”

Reality: Rule 31 mediation can help resolve a wide range of cases, from collection issues to landlord-tenant disputes to employment litigation.


How the Mediation Process Works

  1. The two parties in the dispute agree to pursue a mediated solution. (Unlike binding arbitration, both parties must agree on a resolution to the dispute in order for it to have legal effect.)
  2. Alan Hall will facilitate a full-day (up to 8-hour) session to mediate the dispute. For your convenience, we will come to your offices — anywhere in Middle Tennessee — at no extra cost to you.
  3. The parties evenly split the mediation fee.
  4. If the parties agree to settle the dispute, we will craft a binding settlement agreement based on the terms of resolution. Whether or not the dispute is resolved, we will prepare the report required under Rule 31 and submit it to the court.
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