Mediation Resources for the Public

GENERAL INFORMATION

PARENTS GUIDE TO MEDIATION

PARENTS GUIDE TO MEDIATION

WHAT IS THE MEDIATOR’S ROLE?
The mediator is not  a judge and does not make a decision or impose a solution on the  dispute. Rather, the mediator helps those involved in the dispute talk  to each other, thereby allowing them to resolve the dispute themselves.  The mediator manages the mediation session and remains impartial.


HOW DOES MEDIATION WORK?

At  the mediation session each person involved in the dispute presents a  summary of his or her point of view. If you have an attorney, he or she  may go with you to the mediation session if you want. The mediator will  meet with everyone together and may also meet individually with each  side. This offers participants the opportunity to communicate to the  mediator their real interests in the dispute as well as to vent anger or  frustrations outside the presence of the opposing side. The mediator  will work with each person until an agreement is reached that is  acceptable to everyone. The agreement is put in writing and signed by  the people involved, with the advice of their attorneys. 


HOW LONG DOES MEDIATION TAKE?

The  time required for mediation varies. It depends on the complexity of the  issues and the concerns of the people involved. It may be necessary to  meet with the mediator more than once. 


WHO PAYS FOR THE MEDIATION?

The  cost of mediation is shared equally by the persons involved unless they  agree otherwise. You should know in advance what the mediator charges  and when payment is expected. 


WHAT TYPES OF DISPUTES CAN BE MEDIATED?

  • Landlord and Tenant
  • Neighbor and Community
  • Business
  • Consumer
  • Employer and Employee
  • Divorce and Family
  • Juvenile
  • Negligence
  • Products Liability
  • Construction
  • Contracts
  • Personal and Real Property
  • Environmental
  • Other Civil Matters


WHAT ARE THE BENEFITS OF MEDIATION?

  • People keep control over the resolution of their own problem.
  • Disputes  can be settled promptly. A mediation session can be scheduled as soon  as everyone agrees to use mediation to resolve the dispute, even before a  lawsuit may be filed.
  • Mediation costs are significantly less than taking a case to trial.
  • Mediation promotes better relationships through cooperative problem-solving and improved communication.
  • Mediation  is private and confidential. The mediator and the people in the dispute  must maintain the confidentiality of the information disclosed during  mediation.
  • Mediation is  voluntary. Although a judge may order a case to proceed to mediation,  the mediation may be terminated at any time by the people involved or by  the mediator. Settlement is also entirely voluntary. If you cannot  reach an agreement, you still have the right to take the dispute before a  judge or jury.

PARENTS GUIDE TO MEDIATION

PARENTS GUIDE TO MEDIATION

PARENTS GUIDE TO MEDIATION

When parents come before the court with a complaint for divorce, the  court mandates the submission of a "parenting plan". Mediation is often  used to develop such a plan. Mediation is a process in which parents who  are in conflict come together with a neutral third person who assists  them in reaching a mutually agreeable settlement. The mediator helps  parents clarify the issues, consider the options, and reach a workable  agreement that fits the needs of their children.


Mediation:

  • encourages direct communication between the parents.
  • helps parents decide for themselves what is in the best interest of their child/ren.
  • explores creative ways to solve problems.
  • promotes cooperation.
  • provides an informal setting which saves time and lowers the cost of a divorce.
  • preserves the strengths of an ongoing relationship as parents.
  • is confidential.


The Mediator:

  • will remain impartial throughout the process.
  • will not give legal advice.
  • is not a judge.
  • will not decide the dispute.
  • will provide each party with a full opportunity to effectively express his or her interests.


Mediation  is used by the court to assist parents in developing a parenting plan  that describes how they will work together to continue parenting their  children. During mediation parents have complete decision-making power  for their parenting plan. Attorneys for each parent may attend the  mediation, unless requested not to by the parent. Additionally, the  attorney will review any and all agreements before allowing their  clients to sign mediated agreements.

The  court expects each parent and attorney to act in good faith and to  fully and honestly disclose all relevant information as requested by the  mediator. One or both parties can request mediation of the court at any  time during the divorce process.

LAWYERS GUIDE TO MEDIATION

PARENTS GUIDE TO MEDIATION

LAWYERS GUIDE TO MEDIATION

The role of the attorney in mediation differs greatly from that of  the attorney in litigation. In a mediation session, the attorney plays  the role of counselor for his or her client. Instead of presenting an  argument, the attorney is asked to allow the client to speak  for him/herself and to be present to support and advise the client  through the process. The mediation process is geared towards reaching a  workable agreement for both parties.


  • The attorney should  encourage his/her client to enter the mediation with the idea of working  with rather than against the opposing side.
  • The attorney is  encouraged to help the clients review the mediated agreement before  signing the contract. The mediator assists the parties in drafting  the mediated agreement. Additionally, the attorney should review any and  all agreements before allowing the clients to sign such documents.
  • Attorneys  are encouraged to attend mediations, unless requested by the client  to withdraw. If an attorney is unable to attend a session he/she should  arrange a method of communication with the client, as his/her advice may  be needed during the sessions.
  • Rule 31 makes mediation  mandatory in parenting cases. A good attorney will assist his/her client  in mediation by treating the process not as a burden, but as a fair,  positive form of dispute resolution.
  • The attorney should inform the mediator of any special needs his/her client may require at the beginning of the first session.


The  mediator functions as a neutral facilitator, and will not make  decisions, will not give legal advice, or lead either party in anyone  direction. 


The mediator helps the clients to communicate with each  other, so that they may hear each other's concerns. 


The mediator aids  the clients in identifying common issues and developing possible  solutions to these issues. 


The mediator then helps the clients work  through the solutions to find those which are workable for both parties.  


Each mediator has individual rules for taking breaks, holding separate sessions with clients, etc. The mediator will explain exactly how he/she conducts mediation sessions.


Mediation  is private and confidential. What is said in mediation stays in  mediation. Any offers of settlements or negotiation will be inadmissible  to prove liability in court.

FAQ Videos About Mediation

What is Mediation?

This video explains what Mediation is, its purpose, benefits and its differences from litigation...

How long does Mediation take?

Depending on the type and complexity of the dispute or lawsuit, mediation can take as little as one hour, or as long as multiple days...

How much does Mediation cost?

The cost of mediation depends mostly on your location, the type and complexity of the issues of your dispute/lawsuit, and the amount of time required to complete mediation...

Where does Mediation take place?

Mediation can take place at a variety of venues provided that the venue can guarantee privacy and safety, as well as other necessary services (Internet access, etc.)...

What's the difference between Mediation and going to court?

The differences between mediation and going to court (litigation) are vast and stark. Essentially, mediation gives the litigants the power over the outcome of their dispute/lawsuit, where litigation gives that power to either a judge or a jury...

Is the Mediator the same as a Judge?

The mediator and judge have only one thing in common... they're human beings. Beyond that, the main difference between a mediator and a judge is that the mediator won't be deciding the outcome of your dispute/lawsuit... a judge will...

Can my case be Mediated?

Most civil disputes/lawsuits (non-criminal) can be and are mediated. These same cases can be successfully mediated before a lawsuit is ever filed saving time, stress, and money...

What does the Mediator do?

The mediator has several responsibilities including maintaining a fair, balanced, flexible, and collaborative process. Equally important is what the mediator doesn't do... they don't make decisions about the outcome of a dispute/lawsuit and they don't make the litigants do anything they don't want to do...

Do I need an Attorney at Mediation?

If your dispute has escalated to a lawsuit, you should definitely have independent legal counsel to assist you in making the most informed decisions possible. Because your dispute is important, it's just as important to make sure you have great legal advice before signing any agreement...

Absolutely! Most attorneys will mention mediation to you as an option to going to trial and having a judge or jury decide the outcome of your dispute/lawsuit. If they don't, be sure to ask them about mediation and how you could benefit from it...

Can cases involving Domestic Violence be Mediated?

Disputes/lawsuits involving Domestic Violence or Abuse aren't confined to intimate partner relationships... they can involve many other important issues. Any issue that isn't related to the alleged DV event can be mediated, but the mediator must have specialized training in domestic violence issues for mediators...

About Mediator Clay Phillips

Clay Phillips is a Tennessee Supreme Court Rule 31 Listed General Civil and Family Mediator, Specially Trained in Domestic Violence, and a Florida Supreme Court Certified Circuit Civil and Family Mediator (#37581 FR). He has been mediating since 2007 and has mediated more than 400 pre- and post-filing disputes and lawsuits in Tennessee Courts. 


Clay has experience mediating the following types of lawsuits and disputes:

  • Contracts
  • Collections
  • Wrongful Discharge
  • Intellectual Property
  • Products Liability
  • Real Estate Transactions
  • Home Owner Associations
  • Divorce & Post-Divorce
  • Parenting Planning


Since 2008 he has trained more than 1,200 mediators for Rule 31 Listing. He earned a PhD in Organizational Leadership from Northcentral University, and a BS and MBA from Liberty University.


Clay Is an Honorably Discharged Veteran of the United States Navy. He spent six years (1984-1990) on active duty as an analyst/operator assigned to the Cryptologic Direct Support Element of the Naval Security Group.

Fees for Mediation

Fees for Mediation are set by agreement.


For most mediations, my rate is $225 per hour,  divided among the parties (in injury cases the injured party and their spouse count as one party).


There is no charge for travel time to the following Tennessee Counties: Davidson, Williamson, Rutherford, Wilson, Sumner, Robertson, Cheatham, or Dickson. Otherwise, travel fee is charged at a rate of $50 per County driven through/to each way. For travel requiring air travel, the fee is equal to the actual total cost incurred by me for air fare, car rental, parking and my fee rate for time spent traveling in-air and to/from airports. Lodging fee is equal to the actual total cost incurred by me.


A two hour cancellation fee will be charged for mediations cancelled  less than 10 days before the date of the scheduled conference.


Expenses such as conference room rental and courier (FedEx, UPS, etc.) charges are billed at actual cost.

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Clay Phillips Mediation & Training 

is a Service Disabled Veteran Owned Small Business.

Or... Contact Clay

Clay Phillips Mediation & Training

555 Marriott Drive, Nashville, Tennessee 37214, United States