Civil Mediation

Is civil mediation right for you? Weigh the facts.

Civil mediation is an alternative to Court. For those seeking settlement who want to avoid the time and expense of going to court, mediation functions as an alternative dispute resolution method. As an impartial third party, the mediating attorney’s role is to guide the involved parties to a resolution of mutual satisfaction.

What is Civil Mediation


Civil Mediation in Tennessee is a form of dispute resolution that is facilitated by a neutral third party. The benefits of civil mediation may include clarification of misunderstandings, exploring alternative solutions, maintaining privacy, reducing stress, preventing trials, and promoting a better solution through problem-solving.


Civil Mediate vs. Litigate


  • Civil mediation is vastly less expensive than litigation.
  • Civil mediation allows each party to maintain a level of control for the resolution of the problem.
  • Civil mediation is typically faster than litigation.

Civil Mediation Types

Whether through court action or mediation, the following types of disputes can be addressed.

For Civil Law: Non-criminal cases are handled through civil litigation. In these cases, two or more parties (individuals or businesses) seeking money or other compensation for damage have the dispute settled through a trial, hearing, or an alternative form of dispute resolution such as arbitration or mediation. Examples of civil mediation include Commercial Transactions, Construction Liability, Contracts, Employment or Labor, Intellectual Property, Landlord/Tenant, Medical Malpractice, Personal Injury, Product Liability, Property, Workers’ Compensation, and additional areas.

How Does Mediation Civil Mediation Work?

You can attend voluntary mediation any time before or during a case.

A trained Civil Mediator will lead the mediation. Each party voices its opinion as to how to resolve the case. The role of the Civil Mediator is to help you and the other party reach an agreed-upon resolution without going to court for full litigation.

Most civil mediation sessions are agreed-upon hours, but usually no longer than five-hour sessions.

Civil mediation can be conducted in person, or remotely on the phone, by email, or by video. Having the flexibility to conduct mediation means you can work around work conflicts, illness, childcare, and other issues.

Is Civil Mediation Confidential?

Civil mediation is confidential. No information you share during mediation is shared with the judge. The civil mediator only reports the result of the mediation – if it was successful or not. All conversations and documents presented during mediation are confidential and privileged under Tennessee mediation law T.C.A. § 36-4-130 unless otherwise communicated.

What Happens if You Don’t Agree?

If the parties do not reach an agreement, you maintain the right to take the dispute before a judge or jury. If you start civil mediation but decide to stop before you complete an agreement, you will maintain your right to go to court at a scheduled court date.

Who Pays for Civil Mediation?

Generally, the cost of civil mediation is shared equally between the parties involved unless otherwise stated. In some cases, the judge may order a case to be mediated.

How to Select a Civil Mediator

Don’t settle for just any mediator. Instead, choose the mediator that’s right for your case. What makes a good mediator?

  • Tennessee Supreme Court Rule 31 Mediator
  • Experience (Mediator’s Background)
  • Respect / Non-Judgmental
  • Flexibility
  • Common Sense / Good Sense of Humor
  • Referrals, Referrals, Referrals

How to Select a Civil Mediator

Don’t settle for just any mediator. Instead, choose the mediator that’s right for your case. What makes a good mediator?

  • Tennessee Supreme Court Rule 31 Mediator
  • Experience (Mediator’s Background)
  • Respect / Non-Judgmental
  • Flexibility
  • Common Sense / Good Sense of Humor
  • Referrals, Referrals, Referrals

Start a Civil Mediator Request

Our civil mediation experience can benefit you. Get in touch to learn what the legal team at Hagar & Phillips can do for you in your time of need. Schedule a meeting with a Rule 31 Civil Mediator, Eric Phillips, in the Wilson County Mediation Center by contacting us, or calling 615-784-4588.


Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Our offices are located in Lebanon, TN.


Call us at 615-784-4588.


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