ALTERNATIVE DISPUTE RESOLUTION & NEGOTIATED SETTLEMENTS

Founding Attorney, Lisa J. Gill is a Rule 31 Listed Mediator and assists clients to explore their best fit for resolution.

Various family matters can be setted with Alternative Dispute Resolutions (ADR), such as Mediation or Arbitration or Negotiated Settlements.  Mediation is a process where parties and their respective attorneys negotiate with a mediator acting to facilitate settlement.  Arbitration is a process where an arbitrator acts as the decision-maker and the parties present their respective cases for a decision.  Negotiated Settlements are out-of-court settlements reached where the parties’ respective attorneys negotiate settlement without a mediator. 

Tennessee has embraced the ease of ADR, particularly during the pandemic. These proceedings are in lieu of a courtroom trial and do not involve a hearing in front of a judge. These solutions are helpful whether the case is straightforward or complex. These processes help parties involved reach a resolution and compromise outside of trial. Our staff and attorneys are able to explain these options to each client.  Specific facts of each client’s case will guide the team as to which options will offer the best outcomes.  

ADR options are often faster and less stressful on all parties, particularly the children involved.

These solutions to family law case resolution have proven so successful in the past year, that Tennessee has opened Community Mediation Centers in each of the three regions of Tennessee to expedite and facilitate these cases in a more timely and orchestrated manner. 

Here are the FAQ’s from the State of Tennessee, and other references about Mediation can be explored here.

What is the mediator’s role?

The mediator is not a judge and does not make a decision or impose a solution on the dispute. Rather, the mediator helps those involved in the dispute talk to each other, thereby allowing them to resolve the dispute themselves. The mediator manages the mediation session and remains impartial.

How does mediation work?

At the mediation session each person involved in the dispute presents a summary of his or her point of view. If you have an attorney, he or she will go with you. The mediator will meet individually with each side and may also meet with everyone together. This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well as to vent anger or frustrations outside the presence of the opposing side. The mediator will work with each person until an agreement is reached that is acceptable to everyone. The agreement is put in writing and signed by the people involved, with the advice of their attorneys.  This agreement later becomes the basis of a court order finalizing the case.

How Long Does Mediation Take?

The time required for mediation varies. It depends on the complexity of the issues and the concerns of the people involved. It may be necessary to meet with the mediator more than once.

Who pays for the mediation?

The cost of mediation is shared equally by the persons involved unless they agree otherwise. You should know in advance what the mediator charges and when payment is expected.

What are the benefits of mediation?

  • People keep control over the resolution of their own problem.

  • Disputes can be settled promptly. A mediation session can be scheduled as soon as everyone agrees to use mediation to resolve the dispute, even before a lawsuit may be filed.

  • Mediation costs are significantly less than taking a case to trial.

  • Mediation promotes better relationships through cooperative problem-solving and improved communication.

  • Mediation is private and confidential. The mediator and the people in the dispute must maintain the confidentiality of the information disclosed during mediation.

  • Mediation is voluntary. Although a judge may order a case to proceed to mediation, the mediation may be terminated at any time by the people involved or by the mediator. Settlement is also entirely voluntary. If you cannot reach an agreement, you still have the right to take the dispute before a judge.