The Role of a Rule 31 Listed Family Mediator in TN Divorce Cases
October 31, 2025
Divorce can be one of the most stressful and emotionally challenging events in a person’s life. In Tennessee, courts encourage the use of Rule 31 Listed Family Mediators to help divorcing couples resolve disputes efficiently and amicably. Understanding the mediator’s role, responsibilities, and limitations can make the divorce process smoother while protecting the best interests of all parties involved, especially children.
A Rule 31 Listed Family Mediator is a neutral third party approved by the Tennessee Supreme Court to facilitate family mediations. These mediators have completed specialized training and meet strict qualifications, including:
* Completion of a 46-hour family mediation training program, including at least 3 hours of ethics instruction.
* Possession of a bachelor’s degree or higher.
* Adherence to continuing education requirements, including 6 hours every two years focused on mediation topics.
* Listing on the Alternative Dispute Resolution Commission (ADRC) roster.
Mediators are bound by ethical standards and must remain impartial, neutral, and confidential, ensuring a fair process for both parties.
Divorce often involves disputes over:
* Child custody and visitation
* Division of marital property
* Spousal support or alimony
Traditional litigation can be adversarial, expensive, and time-consuming. Mediation offers several advantages:
* Cost-effective: Mediation is generally less expensive than going to trial.
* Time-saving: Resolving disputes through mediation often takes weeks instead of months.
* Confidential: Discussions in mediation are protected by law and cannot typically be used in court if mediation fails.
* Control over outcomes: Parties work together to craft solutions rather than having decisions imposed by a judge.
The Rule 31 mediator’s role is facilitative, not adjudicative. This means:
Mediators help both parties communicate effectively, ensuring that emotions do not derail discussions.
* They encourage active listening and constructive dialogue.
* Helping Parties Identify Issues and Options
* Mediators help couples clarify what matters most to them, prioritize issues, and explore possible solutions.
* They do not offer legal advice or recommend one solution over another.
Mediators may help parties draft a Memorandum of Understanding (MOU) outlining their agreements.
However, mediators cannot prepare or file legal documents such as Marital Dissolution Agreements or Parenting Plans; this remains the role of attorneys.
Mediators must avoid favoritism and ensure that neither party feels pressured. Their goal is to create a safe, balanced environment for negotiation.
Mediators adhere to rules governing confidentiality, impartiality, and conflict-of-interest avoidance. All communications within mediation are confidential and generally cannot be introduced as evidence in court.
While mediators are essential in resolving disputes, there are limitations to their role:
* No Legal Advice: Mediators cannot advise either party on legal strategy, rights, or obligations. Parties are encouraged to consult an attorney for guidance.
* No Decision-Making Power: Mediators cannot impose decisions; all agreements must be voluntarily reached by the parties.
* Cannot Draft Legal Documents: Mediators may summarize agreements but cannot prepare court-ready legal filings.
To get the most out of mediation, parties should:
* Gather financial documents (bank statements, tax returns, property valuations).
* Prepare a list of key issues and priorities.
* Consider potential compromises in advance.
* Have legal representation available for consultation outside the mediation session.
Rule 31 mediation is particularly effective in cases where:
* Communication between spouses is strained but possible.
* Both parties are willing to work collaboratively.
* Children are involved, and parents want to create a co-parenting plan.
* Litigation costs are a concern, and both parties prefer an amicable resolution.
* Even in high-conflict cases, mediation can reduce tension and facilitate clearer communication for future negotiations.
A Rule 31 Listed Family Mediator plays a critical role in helping Tennessee couples navigate the complexities of divorce. By facilitating communication, guiding negotiation, and documenting agreements, mediators offer a less adversarial and more cost-effective alternative to litigation.
However, mediators cannot provide legal advice or make binding decisions, making it important for parties to have experienced attorneys involved in the process.
If you’re looking for a TN Supreme Court Rule 31 Listed Family Mediator in Lebanon, TN, Hagar and Phillips Attorneys at Law can help. Contact us today to schedule a consultation.
