Mediation Opinions & Decisions

Attorney General Opinion:

No. 06-079 - Mediation and the Unauthorized Practice of Law

Judicial Ethics Committee Advisory Opinion:

99-6 - Relating to a General Sessions Court Judge acting as a Rule 31 mediator

Board of Professional Responsibility Formal Ethical Opinions:

93-F-130 - Relating to a domestic relations mediation program

93-F-131 - Relating to whether a licensed attorney engaged in the regular practice of law and also serving as a mediator may indicate both activities together on letterhead, office sign, professional card, or publication

98-F-142 - Relating to the use of the phrases "Approved Rule 31 Mediator" or "Tennessee Supreme Court Approved Mediator"

99-F-143 - Relating to confidentiality between a client and an attorney where the attorney has been hired by an insurance company.

Alternative Dispute Resolution Commission Formal Grievance Decisions:

Grievance Decision - January 3, 2006

Grievance Decision - 2011

Alternative Dispute Resolution Commission Ethics Advisory Opinions:

Advisory opinion 2010-0001 - Relating to mediators accepting gifts

Advisory opinion 2010-0002 - Relating to an assault occurring during a mediation

Advisory opinion 2012-0001 - Relating to whether Rule 31, Section 10(d) prohibits a mediator from testifying as an expert witness in a proceeding that seeks judicial interpretation and construction of a MOU drafted by the mediator

Advisory opinion 2012-0002 - Relating to the following issue presented-Where a party lodges a complaint of unethical attorney behavior with the Board of Professional Responsibility, do the confidentiality provisions of Rule 31, §10(d) enjoin the mediator from testifying on behalf of the accused attorney?

Advisory opinion 2014-0001 - Regarding various issues relating to the scope of Rule 31.

Advisory opinion 2014-0002 - Regarding various issues relating to a psychiatrist being a Rule 31 listed mediator.

Advisory Opinion 2015-0001 - Regarding post-mediation questions of a Tennessee Rule 31 listed attorney/neutral.

Advisory Opinion 2017-0001 - Regarding a Rule 31 Mediator filing the Report of Mediator when a party repudiates after the mediation has concluded

Advisory Opinion 2017-0002 - WITHDRAWN – See Rule 31, § 10(c)(5) (2018) - Regarding whether a Rule 31 Neutral can prepare a Marital Dissolution Agreement or other legal document for presentation to the court

Advisory Opinion 2019-0001 - Regarding whether a Rule 31 Listed Mediator may attend a trial involving an action with the mediator had previously mediated.

Advisory Opinion 2019-0002 - Regarding whether a standing order of refernce includes the statutory requirement for mediation in divorce cases that have been pending for more than 180 days.  Specifically, must filed divorce cases that go to mediation us a Rule 31 Listed Mediator.

Advisory Opinion 2019-0003 - Regarding whether the "Disagreement or Modifcation of Plan" considered a standing order of reference to mediation

Advisory Opinion 2019-0004 - Regarding several questions of whether a mediator is a Rule 31 Listed Mediator.

Advisory Opinion 2020-0001 - Regarding whether it is appropriate for Rule 31 Mediators to file a mediated settlement with a Court, along with the Rule 31, Section 5 mediation report.

Advisory Opinion 2023-0001 - Regarding whether a Rule 31 Mediator can mediate a matter, then subsequently serve as an arbitrator in the same matter.

Advisory Opinion 2023-0002  - Regarding what defines a Rule 31 mediation and when a Rule 31 mediator is required to conduct a mediation.