What is Alternative Dispute Resolution?

Alternative dispute resolution (ADR) refers to different ways that litigants can have their cases resolved other than the traditional mechanism of litigation culminating in an adversarial trial. Common methods of ADR around the country include mediation, arbitration, conciliation, and neutral evaluation.

Tennessee’s preferred method of ADR is mediation, as reflected in Rule 31 of the Tennessee Supreme Court Rules. A judge can order parties to mediation through what is called “an order of reference.”  This written document from the court instructs the parties to have their case heard by a Rule 31 mediator. Rule 31 provides that “all Rule 31 Mediations shall be concluded as efficiently and expeditiously as possible given the circumstances of the case.”

The parties meet with the mediator and their attorneys can participate.  The mediator then has to submit a final report to the court in which she explains whether the case was partially or completely settled or not. Tennessee’s Alternative Dispute Resolution Commission provides training to its mediators to ensure quality and competency. 

Tennessee also has implemented an “ADR Plan.”  Its stated purpose is “to offer to civil litigants an alternative to the formal processes associated with litigation and to encourage and promote the use of alternative methods of dispute resolution to provide quicker, less expensive, and potentially more satisfying alternatives to   continuing litigation, without impairing the quality of justice or the right to trial.”

Tennessee ramped up its ADR Plan in part because of the backlog of cases caused by the COVID-19 pandemic and the closing of courts for a significant period of time.  Hagar and Phillips PLLC provides both Family and Civil mediation.