What is Alternative Dispute Resolution?
August 26, 2023
Home » Insights »

What is Alternative Dispute Resolution?

Alternative dispute resolution (ADR) refers to different ways that litigants can have their cases resolved other than the traditional mechanism of litigation culminating in an adversarial trial. Common methods of ADR around the country include mediation, arbitration, conciliation, and neutral evaluation.

Tennessee’s preferred method of ADR is mediation, as reflected in Rule 31 of the Tennessee Supreme Court Rules. A judge can order parties to mediation through what is called “an order of reference.”  This written document from the court instructs the parties to have their case heard by a Rule 31 mediator. Rule 31 provides that “all Rule 31 Mediations shall be concluded as efficiently and expeditiously as possible given the circumstances of the case.”

The parties meet with the mediator and their attorneys can participate.  The mediator then has to submit a final report to the court in which she explains whether the case was partially or completely settled or not. Tennessee’s Alternative Dispute Resolution Commission provides training to its mediators to ensure quality and competency. 

Tennessee also has implemented an “ADR Plan.”  Its stated purpose is “to offer to civil litigants an 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.”

Tennessee ramped up its ADR Plan in part because of the backlog of cases caused by the COVID-19 pandemic and the closing of courts for a significant period of time.  Hagar and Phillips PLLC provides both Family and Civil mediation.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
Recent Articles |  View All
Choosing Someone to Handle Your Estate: What Tennessee Families Should Consider
When people think about estate planning, they often focus on who will inherit their home, savings, or personal belongings. Another decision deserves just as much attention: choosing the person who will handle the estate.
Read Post
Buying Into a Tennessee Business? Questions to Ask Before Becoming a Co-Owner
Becoming a co-owner of a business can be an exciting opportunity. You may be joining a company you already work for, investing in a friend’s venture, or purchasing an interest in an established local business.
Read Post
What Happens to Shared Debt During a Divorce in Lebanon, Tennessee?
When couples discuss divorce, the family home, retirement accounts, and other assets often receive the most attention. However, dividing financial obligations can be just as important as dividing property.
Read Post