What is Mediation?

Mediation is a Process.

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 among themselves on al or any part of the issues in dispute."¹ A mediator, then, is "a neutral who conducts discussions among disputing parties to enable them to reach a mutually acceptable agreement among themselves on all or any part of the issues in dispute."²

Mediation is Confidential.

During a mediation, each party communicates confidentially with the mediator, who assists each party in identifying issues, reducing obstacles to communication, maximizing the exploration of alternatives, and reaching voluntary agreements. All communications to a mediator are confidential and may not be disclosed without permission of the communicating party. Mediation can occur with or without presence of an attorney.

Mediation is not a Trial.

The goal of mediation is to empower the parties to their own resolution. Mediators are not judges of the dispute, do not determine a dispute's outcome nor provide any kind of legal advice or service. Decision-making authority rests with the parties.

Mediation is Beneficial.

Mediation is an effective way to resolve disputes, and is increasingly utilized by courts to benefit parties and reduce dockets. Mediation is also used by parties prior to filing suit, potentially saving litigation costs. Not all mediation results in dispute resolution, or even partial resolution. At minimum, effective mediation exposes the parties to settlement opportunities that may be subsequently utilized even if the dispute remains unresolved.

¹Tennessee Supreme Court Rule 31 § 2(j)
¹Tennessee Supreme Court Rule 31 § 2(k)