Tennessee Supreme Court Rule 31 Family Mediation Training is
designed to prepare mediators to participate in court-approved mediation programs and to
take court referred mediation cases. This program is designed to teach mediators to
facilitate communication which assists parties in identifying issues and reaching mutually
acceptable agreements.
Mediation is based on principles of communication,
negotiation, facilitation and problem-solving. It emphasizes the needs and interests of
participants, fairness, and procedural flexibility. Privacy, confidentiality, full
disclosure and self-determination are key to the mediation process. Integrity,
impartiality, and professional competence are essential qualifications of any mediator. A
mediator is obligated under Rule 31 to acquire knowledge and training in the mediation
process, including understanding of appropriate professional ethics, standards and
responsibilities.
The Tennessee legislature has passed and the Governor has signed the long
sought parenting plan legislation. We believe this new law will have an
enormous positive impact on children and reduce the adversarial negative
impact of divorce. It became effective January 1, 2001. Through this program
the parties are able to develop a parenting plan which takes into account
their personal schedules, their children's needs and other factors
individual to them. Mediation offers creative options to the boilerplate
schedules ordered by the court. Initial results in at least one county show
that nearly 70% of the participants have been able to reach agreement
through mediation, avoiding the emotional and financial costs of litigation.
Many states, including Florida, Texas and California mandate mediation in family divorce
cases. Results have shown that mediated agreements make for long term agreements and less
post divorce litigation. Personal and real property, support, and other financial issues
can also be mediated. Litigation often causes the parties to become polarized and
entrenched in their positions. Mediation finds common ground upon which the parties can
work toward an agreement that results in a win-win outcome for the entire family.
The Tennessee Administrative Office of the Courts recognizes that domestic
violence training is a key element of Family Mediation Training. Jean Munroe
also offers Domestic Violence Training as an advanced component of Family Mediation Training. The
issues of violence are never mediated, only the issues of the divorce. Mediators are
taught to recognize the sometimes hidden signs of domestic violence and to balance power
to assist the victim in the mediation process. By statute, victims can have an advocate
present during the mediation process. If mediation is determined inappropriate due to
fears of the victim, he or she is referred back to the court and the appropriate community
resources.
See "Mediation Training" for
course description and "Training
Schedule" for course dates and locations.