A qualified mediator can be the defining factor that makes your divorce smoother or adversarial. In Tennessee, divorcing couples can inform the court of their selection or get a court-assigned mediator. In going with the latter, you’re making the tough decision to trust a stranger to guide you in a complex and highly personal matter.
Tennessee helps ease your worries by requiring its pool of mediators to pass qualifications and undergo specialized training to handle your case. The state refers to its guidelines and procedures for mediation in civil and family law cases as Rule 31. Among its provisions are the qualifications and obligations of Rule 31 mediators.
By understanding what your mediator can bring to your divorce process, you can gain insight into how you can work together toward an outcome satisfying for all parties.
Qualifications of family law mediators
Your mediator is there to point out possible outcomes of the case and share their personal view of the persuasiveness of a particular claim or defense. To ensure that they can provide sound guidance, they must meet Rule 31 requirements which include:
- Educational background: Obtain at least a baccalaureate degree
- Work experience: Have full-time work experience in family mediation, law, psychiatry, psychology, counseling, social work, education or accounting
- Family mediation training: Complete a 40-hour family mediation training program approved by the Alternative Dispute Resolution Commission
- Domestic violence training: Complete a 4-hour training in screening for and dealing with domestic violence
- Tennessee family law and court procedure training: Complete a 6-hour training in Tennessee family law and court procedure
- Application process: Pass the application process under the Tennessee Administrative Office of the Courts and submit documents such as proof of training and letters of reference
Collaborating with your divorce mediator can help you efficiently find personalized solutions that meet your family’s needs. Checking that they meet their obligations and follow the standards of professional conduct is also vital in building trust. If achieving a resolution under mediation proves difficult, consulting and seeking representation from a mediation attorney is advisable.