Tennessee Divorce Mediation
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Alternative Dispute Resolution (ADR) is a relatively novel method implemented by the court to solve conflicts without trials. The theory of this method is that there must be a formal procedure by which the opposing parties can meet and talk regarding the disputed issues. One of the forms of ADR is Mediation.
Rule 31 of Tennessee Divorce Mediation
Standards of professional conduct for mediators in Tennessee Divorce Mediation
The Mediation Process
Orientation Session: During this session, the mediator makes it clear to the opposing parties that this is a consensual process, the mediator is an impartial facilitator and the parties cannot be coerced with any settlement by the mediator.
Continuation of Mediation: If it appears that one or both opposing parties are unable or reluctant to take part in the mediation in a meaningful way or the case is not suitable for mediation, then the mediator should not inappropriately or unnecessarily extend a mediation session.
If a mediator is not qualified by experience or training to offer certain information, such a mediator should not offer such information.
When a mediator concludes that one or both parties cannot realize how an agreement would wrongly affect the legal obligations and rights, then the mediator should recommend independent legal advice for the parties.
A mediator can indicate the possible results of a certain case, but should never provide the parties with a definite opinion how the Court would solve the conflict.
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