What a Rule 31 Listed Mediator is
Rule 31 is the Tennessee Supreme Court rule that governs court-connected alternative dispute resolution. A Rule 31 Listed Mediator has completed state-approved training and appears on the list maintained by the Administrative Office of the Courts. Mediators are listed as general civil, family, or both; family mediators handling matters involving domestic abuse must hold additional specialty training.
The mediator is a neutral. They do not represent either party, do not decide anything, and do not give legal advice.
Court-ordered vs. voluntary mediation
A court may order the parties to attend mediation. Even then, no one can be ordered to settle. Attendance can be required; agreement is always voluntary. Parties may also choose mediation privately, before or without a lawsuit.
What happens in a session
- Opening. The mediator explains the process, their neutrality, confidentiality and its limits, that they do not give legal advice, and the ground rules.
- Joint discussion. Each side describes the matter and what is important to them. The mediator builds a list of issues to work through.
- Caucus. The mediator may meet privately with each side. What you say in caucus is not shared unless you give permission.
- Agreement. Terms the parties reach are written down. In family matters this may include a parenting plan and a child support worksheet.
Confidentiality and its limits
Most mediation communications are confidential under Tennessee law and Rule 31, and the mediator's report to the court states only who attended, the dates, and the outcome. Confidentiality is not absolute — threats of harm, mandatory child and vulnerable adult abuse reporting, and proceedings to enforce or set aside an agreement are common exceptions.
Cost and who pays
Mediators set their own rates, usually hourly or by the session, and fees are commonly split between the parties unless a court order or agreement says otherwise. Ask for the fee agreement in writing before the first session.
What the mediator does and does not do
- Does: manage the process, test options, draft the terms the parties agree to.
- Does not: give legal advice, predict how a judge would rule, represent either party, or report what was said to the court.
Domestic violence safeguards
Tell the mediator before scheduling if there has been domestic violence, an order of protection, or a court finding of abuse. Tennessee places specific limits on mediation in those circumstances, sessions can be held separately so the parties never share a room, arrival and departure can be staggered, and an advocate or support person may be available. You may have the right to decline mediation.
Finding a listed mediator
The Administrative Office of the Courts publishes a searchable list of Rule 31 Listed Mediators by county and listing type at tncourts.gov.
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