The Mediation of business/commercial conflicts presents a unique opportunity for dispute resolution. In many instances, individuals and companies that find themselves in the midst of conflict have long term relationships and would like for them to continue. Mediation offers an opportunity to resolve the conflict without destroying the opportunity for the parties to continue their relationship. It offers a structured, but flexible, private forum whereby the parties can discuss their disputes with the mediator directing their discussions.
Mediation is a creature of agreement. Therefore, the parties remain in control of the conflict---not the court. It allows the parties to engage in face to face dialogue that is not possible in traditional civil litigation.
Some folks believe in the fantasy of a "friendly lawsuit". There is no such thing. After 38 years of trying lawsuits, I have never seen a lawsuit wherein the parties were still friendly after its conclusion. However, I have witnessed numerous instances wherein the parties' relationship remained intact after resolving their conflict by mediation.
Mediation Training and Certification
- AAA Basic Training, Atlanta, Nov. 1991 (13) hours
- Erickson Mediation Institute Mediator Training (40) hours, August, 1993
- Assistant Trainer, AAA Mediator Training, Dalton, GA, Nov. 1994
- Family Crossover Training (25 hours) (2009)
- Tennessee Supreme Court Rule 31 Listed General Civil Mediator, 1997
- Tennessee Supreme Court Rule 31 Listed Family Mediator, 2008
- Certified Mediator, Federal Mediation Program, U.S. District Court for Eastern District of Tennessee, 1997
- Approved Neutral, U.S. District Court for Middle District of Tennessee, 1998
- Registered Neutral Georgia Office of Dispute Resolution (Oct. 2001-Dec. 2002)
Joe is one of Tennessee's most prolific writers and lecturers upon Alternative Dispute Resolution. He is the Senior Author of the Tennessee Alternative Dispute Resolution Handbook (The Harrison Co. 1997). He is the creator and Editor of the Tennessee Mediation Pocket Guide (2000). By 1999, he was writing "Internet" Continuing Legal Education Courses on Mediation & Arbitration and these courses became known as "ADR Professor Series" (available at www.lawyerslearn.com). And, Joe became the "ADR Professor".