Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In Tennessee, mediation is a widely recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Tennessee courts often encourage or mandate mediation, especially in civil cases, as a means to resolve disputes before proceeding to trial. The process is designed to be confidential, and any settlement discussions or negotiations that occur during mediation are typically not admissible in court, as per Tennessee's rules of evidence. This confidentiality is intended to promote open dialogue and a candid exchange of information between the parties. If the parties cannot reach an agreement through mediation, the case will continue through the court system, ultimately leading to a trial where a judge or jury will make a final decision on the matter. It's important to note that while the mediator facilitates the process, they do not have the authority to impose a decision on the parties.