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Court ADR Across the U.S.

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Tennessee

Summary

The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.

Note: This is a summary of state court ADR in Tennessee. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Tennessee can be found in RSI’s Research Library and in Reports below.

State Legislation

  • Tennessee Code 16-20-101 - 106: The Victim-Offender Mediation Center
  • Tennessee Code 29-5-101 - 119: Arbitration General Provisions
  • Tennessee Code 29-5-201 - 221: Cotton Arbitration
  • Tennessee Code 29-5-301 - 320: Uniform Arbitration Act
  • Tennessee Code 36-4-101 - 135: Divorce and Annulment
  • Tennessee Code 36-6-107: Mediation in cases involving domestic abuse
  • Tennessee Code 36-6-305: Mediation in cases involving domestic abuse

Statewide Court ADR Rules and Policies

  • Tennessee Supreme Court Rule 31: Alternative Dispute Resolution
  • Tennessee Supreme Court Rule 38: Divorcing Parent Education and Mediation Fund
  • Tennessee Supreme Court ADR Commission Policies

State Office of Court ADR:

  • Tennessee Supreme Court Alternative Dispute Resolution Commission

Statutes

Tennessee Code 29-5-301 - 320: Uniform Arbitration Act

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: Under this statute parties may agree to arbitrate their disputes. This Act covers agreements to submit to arbitration, appointment of arbitrators, arbitration hearings, and awards.  ...

Tennessee Code 16-20-101 - 106: The Victim-Offender Mediation Center

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: This chapter establishes victim-offender mediation centers in Tennessee for felony, misdemeanor and juvenile delinquency cases. The chapter emphasizes the role of the community in the process, outlines eligibility requirements for centers to receive ...

Tennessee Code 36-6-305: Mediation in cases involving domestic abuse

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: In child visitation cases where domestic abuse is present, as evidenced through an order of protection or criminal conviction within the marriage or separation 'that is the subject of the proceedings,' the court may order or refer parties to mediatio...

Tennessee Code 29-5-201 - 221: Cotton Arbitration

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: This chapter relates to any controversy within or related to the cotton industry. The court may order parties to arbitration, and if the parties do not recognize a prior agreement do to so, the court may determine if the case proceeds to arbitration....

Tennessee Code 36-4-101 - 135: Divorce and Annulment

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: This chapter relates to domestic relations cases where parties are seeking divorce. When said parties pursue mediation, the information divulged to the mediator will be confidential. The chapter addresses exceptions to the confidentiality provision a...

Tennessee Code 36-6-107: Mediation in cases involving domestic abuse

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: In child custody proceedings where there is an order of protection or domestic abuse is present, the court may order or refer parties to mediation. The victim of the alleged abuse must agree to mediation and is allowed a support person to attend the ...

Tennessee Code 29-5-101 - 119: Arbitration General Provisions

Tennessee Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: This chapter states that "all causes of action" may be submitted to arbitration except in cases of a minor or person of 'unsound mind' and cases regarding an "estate in real property," with certain exceptions. The section addresses continuances, fail...

Rules

Tennessee Supreme Court ADR Commission Policies

Tennessee Supreme Court Alternative Dispute Resolution Commission . Apr. 23, 2019

Resource Type: Standards - Court

Abstract: This document sets forth various policies for state neutrals and trainers. All mediator applicants are required to take 40 hours of general civil training. All mediators are also encouraged to make themselves available for pro bono mediation and all ...

Tennessee Supreme Court Rule 38: Divorcing Parent Education and Mediation Fund

Supreme Court of Tennessee. Sep. 6, 2006

Resource Type: Rules - Court

Abstract: Under this rule, the court may refer the parties in cases involving parenting arrangements in divorce, legal separation, annulment, or separate maintenance proceedings to take part in alternative dispute resolution processes, either upon motion by a ...

Tennessee Supreme Court Rule 31: Alternative Dispute Resolution

Tennessee Supreme Court. Adopted September 4, 2001; amended January 2, 2007

Resource Type: Rules - Court

Abstract: Under this rule, all civil actions are eligible for ADR with the exception of forfeiture of seized property, juvenile delinquency, civil commitments and adoption proceedings. The rule discusses the following topics: evidence, immunity, confidentialit...

Reports

ADR in the Federal District Courts: An Initial Report

Stienstra, Donna. Nov. 1, 2011

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

An Analysis of Diversity Trainings in United States Community Mediation Centers

Warren, Naomi. Sep. 1, 2009

Resource Type: Study

Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...

Evaluation of Supreme Court Rule 31: A Qualitative Assessment of Mediation in Twelve Counties

Nixon, Carol. Jan. 31, 2005

Resource Type: Report

Abstract: This evaluation was conducted pursuant to Section 19 of Tennessee Supreme Court Rule 31. The report finds that mediation is the most common form of alternative dispute resolution in all Tennessee counties and 3,838 mediations were conducted in the ye...

Evaluating the Effects of a Victim-Offender Reconciliation Program on Reoffense

Nugent, William R.; Paddock, Jeffrey B.. Research on Social Work Practice, Apr. 1, 1996

Resource Type: Evaluation

Abstract: This article discusses an evaluation of a victim-offender reconciliation program in Anderson County, Tennessee. The authors examined data gathered from existing court records and records from the program. A random sample of 100 cases were matched on...

The Effect of Victim-Offender Mediation on Severity of Reoffense

Nugent, William R.; Paddock, Jeffrey B.. Mediation Quarterly, Jan. 1, 1995

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: The article discusses a study into the relationship between participation in a victim-offender reconciliation program (VORP) and subsequent reoffense by children and adolescents. Two groups of cases were compared - those that participated in a VORP a...

Contacts

United States District Court for the Western District of Tennessee Mediation Program

Jan. 1, 2019

Resource Type: Program

Abstract: This site outlines the mediation program in the US District Court for the Western District of Tennessee. Under the program, mediation is voluntary and referred to mediators through a random selection process. Mediators are experienced trial lawyers w...

Tennessee Alternative Dispute Resolution Commission

Resource Type: Organization

Abstract: This organization provides technical and research assistance to the Tennessee courts. It is responsible for overseeing the qualifications of mediators and the evaluation of mediation of court-related mediation throughout the state....

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