Reviewed August 2026
Mediation in Tennessee
Tennessee Supreme Court Rule 31 governs court-connected mediation. The rule calls these sessions Rule 31 Mediations. Under Rule 31, a court can order the parties in an Eligible Civil Action to mediate. This category covers most civil cases where the court keeps ongoing jurisdiction. The order can come from a party's motion or from the court itself. Divorce and custody cases fall under this rule. Rule 31 also creates a separate credential for family cases: the Rule 31 Family Mediator. This mediator must complete family-specific training, including hours on screening for and handling domestic violence. A further optional credential, Specially Trained in Domestic Violence Issues, requires extra coursework. Mediation under Rule 31 can also happen by consent, without a court order. In that case, the parties pick their own Rule 31 Mediator instead of going through the court's selection process.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Tennessee law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Tennessee paperwork. See how Virdix works for California divorces.
Get notified when Virdix reaches Tennessee
We'll send one email, nothing else, the day Tennessee launches.
How a Tennessee court orders mediation
Under Rule 31, a court can order mediation in an Eligible Civil Action. The order can come from a party's motion or from the court's own initiative, through a written Order of Reference. If the court orders mediation on its own initiative, either party can ask for that order to be reviewed. The court will vacate the order if it decides, at its discretion, that the case does not suit mediation or would not benefit from it. Mediation is automatically stayed while that motion is pending. Mediation can also happen without a court order, if the parties simply consent to it.
Choosing a Rule 31 Mediator
Once a court orders mediation, the parties have 15 days to notify the court of a mediator they agree on. If they cannot agree, they must report that instead. If the parties cannot agree, the court nominates three Rule 31 Mediators from the Administrative Office of the Courts' list. Each party can strike one name. The remaining mediator is appointed unless a valid objection is filed within 10 days. Nominations are made by random selection, unless the case needs particular expertise. If the parties choose to mediate by consent, without a court order, they select their own Rule 31 Mediator directly.
Family mediator training and domestic violence screening
Rule 31 creates a specific track for mediators who handle family cases. A Rule 31 Family Mediator must complete 40 hours of family mediation training. That training must include at least four hours on screening for and handling domestic violence in mediation. Mediators can go further and earn a designation as Specially Trained in Domestic Violence Issues. They can do this by completing an additional twelve-hour approved course on domestic violence. They can also do it by showing the Alternative Dispute Resolution Commission that their existing training and experience are substantially equivalent.
Confidentiality of mediation communications
Under Rule 31, conduct, disclosed information, and statements made during a Rule 31 Mediation are confidential. They stay confidential to the extent the parties agree, or to the extent another law or rule provides. This evidence is inadmissible to the same extent as settlement negotiations under Tennessee Rule of Evidence 408. A Rule 31 Mediator cannot be compelled to testify, by deposition or otherwise, about what happened in the mediation. A written mediated agreement the parties sign is still admissible, though, to enforce their understanding. Confidentiality protects the process, not the final written deal.
Reporting outcomes and cost
At the end of a Rule 31 Mediation in an Eligible Civil Action, the mediator files a limited final report with the court clerk. That report states only which parties appeared, whether the case was fully or partially settled, and whether the mediator is asking that fees be charged as court costs. The report is due within the time the court sets, or within 60 days if no deadline was specified. Mediator costs can be charged as court costs at the mediator's request. The court also has discretion to waive or reduce the cost of mediation for a party.
Not independently confirmed
- This research accessed Rule 31 through an October 2020 Internet Archive snapshot because tncourts.gov's live pages returned an automated browser-verification challenge that blocked direct confirmation; the current live text of Rule 31 should be checked at tncourts.gov before relying on exact wording, since court rules are periodically amended.
- Current Rule 31 Mediator hourly rates and typical family mediation session costs were not independently confirmed and vary by mediator.
- Confirm whether Tennessee Rule 31 or another provision bars ordering mediation when an active order of protection exists, versus leaving it to the court's discretion under Section 3.
Mediation in Tennessee: frequently asked questions
Is mediation mandatory in a Tennessee custody case?+
A Tennessee court has discretion to order mediation in an Eligible Civil Action under Rule 31. This covers most civil cases, including divorce and custody. The order can come from a party's motion or the court's own initiative. It is not automatic in every case. A party can move to have a court-initiated referral reviewed and vacated.
How is a mediator chosen in a Tennessee custody case?+
The parties have 15 days after a court's Order of Reference to agree on a Rule 31 Mediator. If they cannot agree, the court nominates three mediators from the Administrative Office of the Courts' list. Each party strikes one name. The remaining mediator is appointed unless a valid objection is filed within 10 days.
What is a Rule 31 Family Mediator in Tennessee?+
It is a mediator credential that requires 40 hours of family mediation training, including at least four hours on screening for and handling domestic violence. Mediators can go further and earn a designation as Specially Trained in Domestic Violence Issues by completing an additional twelve-hour approved course.
Is Tennessee custody mediation confidential?+
Yes. Under Rule 31, conduct, disclosures, and statements made during mediation are confidential. They stay confidential to the extent the parties agree, or as provided by law. They are also inadmissible, to the same extent as settlement negotiations under Tennessee Rule of Evidence 408. The mediator cannot be compelled to testify about the mediation. A signed written agreement, though, is admissible.
What does a Tennessee mediator report back to the court?+
The mediator files only a limited report. It states which parties appeared and participated, whether the case was completely or partially settled, and whether the mediator is asking that costs be charged as court costs. The mediator does not report the content of the discussion.
Can I get mediation costs waived in Tennessee?+
Yes, at the court's discretion. Under Rule 31, the court may waive or reduce the costs of a Rule 31 Mediation. Mediator fees can otherwise be charged as court costs at the mediator's request.
This page is general information about mediation in Tennessee, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Tennessee's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Tennessee. Virdix does not prepare or file Tennessee divorce paperwork. It is not a substitute for an attorney licensed in Tennessee.
More Tennessee divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Tennessee, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
If the court clerk rejects a document we prepared, we fix it for free until it's accepted. See how the guarantee works