Rule 31: The Role of Mediation in Tennessee Divorces

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Rule 31: The Role of Mediation in Tennessee Divorces

Admin • Jun 28, 2021

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With few exceptions, mediation is required for many Tennessee divorces. The court will usually not set a hearing without you going through the mediation process. You may think of mediation as a hassle, but there's a lot of benefit to going through mediation before you go to divorce court. Here is a look at the Tennessee State Court's Rule 31: Alternative Dispute Resolution.

What Is Rule 31 Mediation?

Mediation, also known as alternative dispute resolution, is a way for two people to settle their differences with the help of neutral third party. In a divorce, mediation can help you settle all matters involving property and custody before you go to court. This mediation can help you settle everything without letting the court make important decisions for you.

Rule 31 sets guidelines for mediation so it can work for everyone. Mediation can help people make better, more informed decisions concerning their divorce. Rule 31 also helps keep court costs down. People also feel better about their decisions when they're the ones in control of them.

Rule 31 also lists the ways someone can become a mediator. Rule 31 allows for two types of mediators:

Rule 31 General Civil Mediators
Rule 31 Family Mediators

These titles have important distinctions, as family mediators have additional training. The type of mediator you need will likely depend on the circumstances of your divorce. A lawyer can help you make the right decision.

Gather All of the Necessary Documents

When you are ready to proceed with the actual adoption, be aware that there are several documents you will need to have on hand and available.

These include a certified copy of the child's birth certificate, a marriage certificate showing you are married to the other parent, and the adoption surrender document. If the biological parents were married and divorced, then proof of that divorce will also be needed. Or, in cases where the biological parent has died, a death certificate will be required.

Once you have all of the documents on hand and ready to go, you and your lawyer can move into the final stages of the adoption procedure.

When Is Rule 31 Mediation Not Required?

Most people going through a contested divorce will need to go through mediation. Nevertheless, Rule 31 does have some exceptions. Exceptions include but aren't limited to:

You can't afford mediation, and the state doesn't waive or subsidize the cost.
The cost is an unreasonable burden.
You and your spouse already agreed reached an official settlement or agreement.
The court believes the mediation will only lead to an impasse.

Rule 31 also lets the court make the decision as to whether or not someone is exempt from mediation. In addition, the court gives special consideration when the divorce involves domestic violence. The court may still order mediation, but with stipulations such as the victim's consent.

What Happens During Rule 31 Mediation?

How mediation works for you will depend on your unique set of circumstances. Generally, you can expect to sit down with the mediator and speak about the situation. During mediation, you will attempt to:

Identify which issues each party considers most important
Clarify any misunderstandings that the parties have
Work on finding solutions to the stated issues
Come to an agreement

You may not come to an agreement, but the mediation process can help you figure out where you should focus your efforts. Even if communication between you and your spouse breaks down, the court wants you to make a good faith effort towards giving mediation a real chance.

Why Involve a Lawyer With Rule 31 Mediation?

You can bring your lawyer with you to mediation sessions. Since your agreement with your spouse has to also comply with Tennessee law, it can help to have legal advice when you need it. Even without a lawyer present, you will still have a chance to consult with one before signing off on the written agreement.

Mediation is always worth considering, even when the court doesn't require it. The process will give you a larger understanding of what's at stake with your divorce. When choosing a mediator, you should consider one who also has a history of practicing or dealing with family law in Tennessee.

At The Law Office of Joe R. "Jay" Johnson, II, Mr. Johnson has full certification as a Rule 31 Family Mediator. For any questions concerning divorce or mediation, contact us today.

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