Joe's Blog
ANNOUNCING THE ADR PROFESSOR’S
“RULE 31 QUICK FINDER”
A TOPICAL INDEX IN SEARCHABLE PDF FORMAT TO THE RULES GOVERNING MEDIATION IN TENNESSEE WITH LINKS TO THE FULL TEXT:
TN SCT RULE 31
APPENDIX A
RULES PROFESSIONAL CONDUCT 2.4
LOST IN RULE 31 ?
FIND YOUR WAY WITH THE PROFESSOR’S QUICK FINDER !
MEDIATOR TESTIMONY---PATCHING THE DOME . . .
By: Joe E. Manuel, Esquire a/k/a “The ADR Professor”
Confidentiality and Non-disclosure of the Mediation proceedings are fundamental concepts that permeate our court annexed Alternative Dispute Resolution process---Supreme Court Rule 31.1 Indeed, Mediation proceedings were supposed to be shielded from disclosure and wrapped in a “Dome” of confidentiality. Unfortunately, Mediators have increasingly found themselves in the middle of post mediation disputes wherein a party has sought to force the Mediator to testify to matters occurring within the Mediation. As a result, the “Dome of Confidentiality” began to leak.
Read More About This...Divorce is an emotional trauma under the best of circumstances. Although it is full of emotional, intangible emotions, the majority of the time will be spend determining an equitable (fair) division of property, determining support and parenting issues. There are many items that are facts and are capable of absolute certainty. These items tend to be financial and the operative documents ought to be obtained and brought to the mediation so there will be no need for fumbling around wondering about them. For instance, the amount of the mortgage on the marital residence is a fact and it is easily determined. ... More