What is Rule 31 Family Mediation?

Mediation is often required, or at a minimum, strongly recommended for family law disputes. Mediation is a form of alternative dispute resolution that focuses on the input of both spouses. The spouses, rather than a judge, are the ones who discuss the situation and compromise and negotiate toward an acceptable agreement.

In Tennessee, many parties go through Rule 31 Family Mediation. Rule 31 refers to the specific rules established by the Tennessee Supreme Court for conducting mediation in family matters, such as divorce, child custody, and visitation. Rule 31 governs the qualifications of mediators and the entire mediation process as a whole.

Rule 31 Family Mediation can be done voluntarily or through a court order. The goal is to encourage the resolution of family disputes in a less adversarial and more cooperative environment. Here’s what you should know about Tennessee Rule 31 Family Mediation.

Listing of Mediators

Mediators who wish to handle family law cases in Tennessee must be Rule 31 listed. This listing requires specific training in family law mediation and adherence to ethical standards.

Mediation Process

Mediation under Rule 31 is a structured process where a mediator serves as a neutral third party to facilitate negotiations between the parties involved in a family law dispute. The goal is to reach a mutual agreement without going to trial.

In most family law cases, Tennessee courts will order mediation as a prerequisite before allowing the case to proceed to trial. This is particularly common in disputes over child custody and visitation. However, certain cases, such as those involving domestic violence or other circumstances where mediation may not be appropriate, can be exempt from the requirement to participate in mediation or require a mediator who has received additional domestic violence training.

Outcome of Mediation

If the parties reach an agreement during mediation, the mediator will help draft a written agreement that can then be submitted to the court for approval. If mediation fails, the case proceeds to litigation.

Differences Between Rule 31 and Other Forms of Mediation

Tennessee courts often mandate mediation under Rule 31 before proceeding to trial in family law cases. Rule 31 family mediation focuses on family law matters, such as divorce, child custody, child support, visitation, and other domestic relations issues. Mediators are required to have specialized training in family law and must be listed under Rule 31 by the Tennessee Supreme Court.

Rule 31 mediation is highly confidential. A report is filed with the court stating whether the parties attended mediation and whether there was a settlement or partial settlement. Any settlement is submitted by the parties or their attorneys for approval by the court.

Contact Our Murfreesboro Mediation Attorney Today

Rule 31 family mediation is different from other forms of mediation in that it focuses solely on family law and aims for outcomes that are in the best interests of the child.

A Murfreesboro family law attorney from The Law Office of David L. Scott can help resolve your family law issues. We bring knowledge, vast legal experience, and patience to the mediation table. Schedule a consultation today by calling (615) 896-7656 or filling out the online form.