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About Mediation

Types of Conflicts That Can Be Mediated

 

Mediation is a flexible conflict-resolution process suitable for addressing a wide variety of disputes, including:

  1. Personal Conflicts: Interpersonal disputes, family disagreements, neighbor conflicts, or disagreements between friends.
  2. Workplace Conflicts: Issues among employees, teams, or departments, such as disagreements over responsibilities, goals, or communication.
  3. Community Conflicts: Disputes within communities, including those involving shared resources or broader social issues.
  4. Legal Conflicts: Resolution of civil cases, family law matters, contract disputes, or business disagreements.
  5. International Conflicts: Diplomatic negotiations or disputes between nations.
  6. Environmental Conflicts: Disputes concerning land use, resource allocation, or environmental protection.

While mediation suits many scenarios, it may not be appropriate in cases of significant power imbalances, violence, or abuse, where alternative approaches might be necessary.

The Mediation Process: What to Expect

Mediation offers a collaborative, confidential way to resolve disputes under the guidance of a neutral mediator. Here’s an overview of what to expect:

  1. Mediator’s Role: The mediator facilitates communication and negotiation but does not make decisions for the parties.
  2. Confidentiality: Discussions and shared information remain private.
  3. Voluntary Participation: Participation is entirely voluntary, and parties are not forced to accept any decisions.
  4. Open Communication: Active listening, respectful dialogue, and clear expression of thoughts are key to the process.
  5. Identifying Issues: The mediator helps parties define the issues and understand each other’s needs and concerns.
  6. Problem Solving: Participants work collaboratively to explore options and develop creative solutions.
  7. Negotiation and Compromise: Parties aim for mutually agreeable outcomes, often requiring compromise.

How to Become a Mediator in Tennessee

Becoming a mediator in Tennessee involves the following steps:

  1. Training: Complete a Rule 31 training program in General Civil or Family mediation approved by the Tennessee Supreme Court’s Alternative Dispute Resolution Commission (ADRC).
  2. Practical Experience: Gain experience through observation, mock mediations, or volunteering.
  3. Certification: Apply to become a Rule 31 Listed Mediator with the ADRC after completing training.

Key Resources:

  • Rule 31 Programs: Governed by the ADRC, Rule 31 mediators help instill public confidence in alternative dispute resolution in Tennessee.
  • Non-Attorney Mediators: You do not need to be an attorney to become a Rule 31 Listed Mediator.

Visit the ADRC website for detailed requirements and information.

How to Become a Rule 31 Listed Mediator

Rule 31 mediators meet specific qualifications to be included in the roster of active mediators eligible for referrals from Tennessee courts. Mediators can specialize in:

  • General Civil Mediation (§14(a))
  • Family Mediation (§14(b))
  • Family Mediation Specializing in Domestic Violence Issues (§14(g))

The General Practice of Mediation also allows mediators to work outside Rule 31’s scope, offering flexibility to establish a private mediation practice. TAPM provides programs and resources to help mediators develop their skills and grow their practices.

For full details, including Rule 31 standards and procedures, consult the Tennessee Supreme Court’s ADR Plan.

TAPM is committed to supporting mediators at every step of their journey, providing education, resources, and networking opportunities to foster professional growth.