Gavin Howe
Mediation is a form of alternative dispute resolution (ADR) that plays a significant role in Tennessee family law. A mediator is a neutral third party who helps conflicting parties reach an agreement. In Tennessee, the process of becoming a family law mediator is governed by Rule 31 and overseen by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court. Rule 31 establishes specific requirements in education, work experience, and training that must be met before one can become a certified family law mediator.
| Characteristics | Values |
|---|---|
| Governing Body | Rule 31, overseen by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court |
| Education Requirements | At least a baccalaureate degree |
| Work Experience Requirements | For family law mediation: 10 years of work experience or a master's degree or be a certified accountant with four years of full-time work. Full-time work experience must be in psychiatry, psychology, counseling, family mediation, social work, education, law, or accounting |
| Training Requirements | 46-hour ADR Commission-approved training for Family Listing |
| Application Process | Online application and submission of application fee to the Administrative Office of the Tennessee Court System |
| Continuing Education | Six hours of continuing mediation education every two years, including three hours in mediation ethics and three hours in family law |
| Role | Neutral third party who facilitates discussions and negotiations to settle disputes in mutually beneficial ways |
| Benefits | Gives control of the outcome to the parties involved, avoids lengthy and expensive court battles, keeps cases confidential, and preserves relationships |
| Domestic Violence | Individuals who have been victims of domestic violence are not required to attend mediation |
What You'll Learn
Education requirements
To become a family law mediator in Tennessee, applicants must meet the requirements set out by Rule 31 and overseen by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court. Rule 31 outlines the necessary education, work experience, and training to become a certified mediator.
The minimum education requirement to become a family law mediator in Tennessee is a baccalaureate degree. However, for a family law listing, there are more specific requirements. A family mediator must have a bachelor's degree and ten years of work experience, or a master's degree, or be a certified accountant with four years of full-time work.
The full-time work experience must be in one of the following fields: psychiatry, psychology, counseling, family mediation, social work, education, law, or accounting. This requirement ensures that mediators have exposure to the legal system and the necessary communication skills to work towards conflict resolution. It also ensures that mediators understand the ethical implications of their role and how to remain neutral.
In addition to the work experience requirements, applicants for a family law listing must also complete 46 hours of ADR Commission-approved training. This training focuses on the skills necessary for family mediation, including a basic understanding of family law and an introduction to domestic violence awareness and training.
If an applicant wishes to become listed in both the general civil and family law categories, they must complete a crossover training after finishing one of the initial training courses. This additional training ensures that mediators have a comprehensive understanding of the legal system and can handle a wider range of disputes.
Once the education and work experience requirements have been met, applicants can submit their applications online, along with the necessary documents and fees. It is important to note that the Alternative Dispute Resolution Commission of Tennessee warns that many certified mediators do not earn their entire living from mediation. Instead, the primary purpose of becoming a mediator is often the satisfaction of helping people resolve their disputes and expanding their professional experience.
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Work experience requirements
To become a family law mediator in Tennessee, applicants must meet the requirements set out by Rule 31 and overseen by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court. Rule 31 establishes the requirements in education, work experience, and training that must be fulfilled to become a certified mediator.
The work experience requirements for applicants seeking to become family law mediators in Tennessee are as follows: applicants must have a bachelor's degree and ten years of work experience or a master's degree or be a certified accountant with four years of full-time work. The full-time work experience must be in psychiatry, psychology, counseling, family mediation, social work, education, law, or accounting. The Tennessee Supreme Court defines work experience as 35 or more hours per week.
In addition to the work experience requirements, applicants must also complete a minimum of 46 hours of mediation training. This training is focused on the skills necessary to become a family mediator, including a basic understanding of family law and an introduction to domestic violence awareness and training. The trainer for these classes will often be an experienced family mediator who can offer valuable insights and guidance.
Once the work experience and training requirements have been met, applicants can submit their applications to become certified family law mediators in Tennessee.
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Training
To become a family law mediator in Tennessee, you must complete a minimum of 46 hours of mediation training. This training is approved by the Tennessee Commission on Alternative Dispute Resolution (ADR) and is governed by Rule 31 of the Tennessee Supreme Court.
The training will cover a range of topics to ensure mediators have exposure to the legal system and the communication skills necessary for conflict resolution. This includes understanding the ethical implications of their role and how to remain neutral. For family mediation specifically, the training will also cover basic family law and an introduction to domestic violence awareness and training.
There are several organisations that provide Rule 31 Mediator Training, including:
- Private Dispute Resolution Services (PDRS)
- Clay Phillips Mediation & Training
- Nashville Conflict Resolution Center
- Tennessee Mediation School, LLC
- Training Resolved LLC
Once you have completed the required training, you will need to register as an ADR User and fill out an online application. You will also need to submit any relevant materials, such as letters of reference and training certificates, and pay an application fee.
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Application process
To become a family law mediator in Tennessee, you must meet the requirements set out by Rule 31 and overseen by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court. Rule 31 has established requirements in education, work experience, and training.
To apply for a Rule 31 Mediator Listing, you must first meet the necessary requirements. For family law mediation, this includes having a bachelor's degree and ten years of work experience, or a master's degree or certified accountancy with four years of full-time work. The full-time work experience must be in psychiatry, psychology, counselling, family mediation, social work, education, law, or accounting.
In addition to the work experience and education requirements, applicants must complete an approved family mediation training course. This training includes a basic understanding of family law and an introduction to domestic violence awareness and training. The course is 46 hours long and is run by trainers with experience as family mediators.
Once the requirements have been met, applicants must register as an ADR User and fill out the online application form. All materials, including letters of reference, letters of good standing, training certificates, and any other relevant documents, must be submitted with the application. Paper applications are not accepted.
Along with the application, a fee must be paid. This can be done online, or via check or money order made payable to the Administrative Office of the Courts and mailed to:
> Tennessee Supreme Court Alternative Dispute Resolution Commission
> Nashville City Center, Suite 600
> 511 Union Street
> Nashville, TN 37219
There are specific deadlines by which applications and fees must be received to be reviewed. These deadlines are listed on the Tennessee Courts website.
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Mediation ethics
To become a family law mediator in Tennessee, applicants must meet the requirements outlined by Rule 31, which include specific education, work experience, and training criteria. This process ensures that mediators are well-equipped to handle the ethical implications of their role and understand the importance of remaining neutral.
One of the fundamental ethical considerations for mediators is confidentiality. Tennessee Supreme Court Rule 31 emphasizes the protection of confidential information acquired during the mediation process. Deviating from this protection can have serious repercussions and potentially harm the mediation. Therefore, mediators must exercise caution and refrain from disclosing confidential information unless legally required.
Another ethical challenge that mediators may encounter is dealing with bad faith participation in mediation. In such cases, Rule 16 and Rule 31 provide guidelines for addressing this issue, including the option of requesting sanctions. It is essential for mediators to stay impartial and facilitate a fair process, even when faced with difficult circumstances.
Additionally, mediators must be aware of the potential impact of their conduct during the mediation process. Non-assertive behaviour, for instance, can have unintended consequences and negatively affect the outcome. Thus, mediators should carefully consider their approach and maintain professionalism to avoid compromising the integrity of the mediation.
The ethical dimensions of mediation are multifaceted, and ongoing education is vital to ensure that mediators remain adept at handling various situations. By staying informed about mediation ethics, practitioners can better serve their clients and uphold the standards of the profession.
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Frequently asked questions
To become a family law mediator in Tennessee, you must meet the requirements set out by Rule 31, which include:
- A baccalaureate degree
- Ten years of work experience or a master's degree or certified accountant status with four years of full-time work
- Full-time work experience in psychiatry, psychology, counselling, family mediation, social work, education, law, or accounting
- 46 hours of ADR Commission-approved training
A family law mediator in Tennessee helps parties reach an agreement outside of court. They facilitate discussions and negotiations to settle disputes in a mutually beneficial way. The mediator does not make decisions but helps to ease the stress of the dispute.
To become a family law mediator in Tennessee, you must first meet the Rule 31 requirements. Then, you need to register as an ADR User and fill out an online application, submitting all required materials and paying the application fee.
