Mediation is defined by the Tennessee Supreme Court as "an informal process in which a neutral person conducts discussions among the disputing parties designed to enable them to reach a mutually acceptable agreement among themselves on all or any part of the issues in dispute."
Role of the Mediator
The court may order the parties to appear at the first session, but mediation is a voluntary cooperative process in which the parties work on resolving their own disputes outside the court process with the assistance of a trained and impartial mediator. The mediator serves as a guide to the parties during the process. The mediator helps the parties to communicate effectively, gather and analyze information, define issues, generate alternatives, explore consequences and reach agreements acceptable to both parties. The mediator does not make decisions or create agreements for the parties; the parties are responsible for the terms of their own agreement.
Role of the Parties
The most powerful element of mediation versus litigation is that the parties to the dispute are completely in control of the outcome of the mediation. Which is to say that if all matters to be mediated can be agreed upon by the parties, the mediation can be finalized the same day. In short, the power of mediation rests in the hands of the parties themselves - if the parties involved are creative, open-minded and willing to reach a resolution, mediation can resolve age-old disputes in just hours.
Role of the Attorneys
The role of attorneys at and during mediation is to provide legal advice to their clients. Unlike the courtroom, your attorney will not represent you or appear as your advocate during mediation. It is their job to answer all of your questions during the mediation process. We strongly recommend that all parties retain the services of an attorney and have them present at all mediation sessions.
Benefits of Mediation
- The parties make all the decisions, instead of a judge or a jury.
- Mediation sessions are easily scheduled versus court dates.
- Mediation is drastically less costly than litigation.
- Mediation causes much less stress on relationships.
- Mediation is completely private and confidential.
- Mediation is completely voluntary.
- Results of mediation are final and legally binding.
- Only the attorneys are required to return to the court house.
