Alternative Dispute Resolution (“ADR”) encompasses mechanisms by which litigants may resolve disputes outside the traditional adversarial trial process. Nationally recognized ADR methodologies include mediation, arbitration, conciliation, and neutral evaluation.

Tennessee has formally adopted ADR through Rule 31 of the Tennessee Supreme Court Rules, which establishes standards, procedures, and qualifications for mediators serving within the state. The Tennessee Alternative Dispute Resolution Commission oversees training, continuing education, professional development, and ethical requirements to ensure mediators maintain competency and protect confidentiality pursuant to the governing rules.

Mediation may be undertaken voluntarily by the parties. In addition, Tennessee has implemented a statewide ADR Plan, the purpose of which is:

“to offer to civil litigants as alternative to the formal processes associated with litigation and to encourage and promote the use of alternative methods of dispute resolution to provide quicker, less expensive, and potentially more satisfying alternatives to continuing litigation, without impairing the quality of justice or the right to trial.”

The expanded use of ADR in Tennessee was driven in part by the substantial backlog of civil matters resulting from the COVID-19 pandemic and the temporary closure of courts. Mediation offers litigants the opportunity to craft tailored solutions informed by their unique factual circumstances — remedies that may not be available through formal judicial relief.

A trial court may also compel mediation. A judge may enter an Order of Reference, directing the parties to participate in mediation before a Rule 31-listed neutral. Under Rule 31, mediations must be concluded “as efficiently and expeditiously as possible given the circumstances of the case.”

During mediation, the parties meet with the mediator, and counsel may participate fully in the process. Upon conclusion, the mediator is required to file a Final Report with the court stating whether the matter resulted in a full settlement, a partial settlement, or no settlement.

Successful mediations conserve judicial resources, allowing the courts to focus on those controversies in which formal adjudication is necessary, while providing litigants with a more expedient and cost-effective path to resolution.