Welcome to The Mediation Group of Tennessee, LLC.        

Arbitration Services 

The Mediation Group of Tennessee, LLC is committed to helping you solve your problems and communicate more effectively through the use of arbitration, civil or family mediation , arbitration and collaborative practice.  

Be sure to scroll down this page to view a great new video, "Pigs, Pistols, and a Hanging: Mediation Meets the Hatfields and the McCoys"

Many of our professionals bring more than 20+ years of diverse experience in their practice as attorneys, judges or therapists.  We are proud to offer these top professionals as our team. We have family and civil mediators and arbitrators in Nashville, Memphis, Jackson, Knoxville,  Maryville, Gallatin, Murfreesboro Tennessee and serve Chattanooga and Cleveland.  We want to help you seek consensus, find solutions and get results. 

General Information

Arbitration is a process where the parties have agreed, usually by contract, that in the event of a disagreement,  they will bring the conflict to  an arbitrator to resolve  rather than taking it to court..    The parties  are looking for more efficient  resolution to the disagreement.  They  require a neutral third party  to make a decision for them which  they cannot negotiate themselves.   The role of arbitrator, like the role of mediator, requires an impartial neutral party.  The arbitrator acts like a judge or is one neutral on a panel of three neutrals.  One or more neutrals  hear the evidence and make a decision, either written or oral, depending on the parties’ requirements.

Depending upon the contract which requires arbitration or on the amount or complexity of the controversy in question, the parties will usually have a pre-arbitration conference to determine the exchange of information prior to the arbitration date.  Emphasis is placed on the most important document exchange, as arbitration should be more expeditious than a court process.  It should not be a replica of a court proceeding. 

The nature of the presentation of the case is similar to a court proceeding.  Each side presents witnesses and exhibits and the other party cross-examines the witness.  The rules of evidence are relaxed, emphasizing common sense and relevance. 

Following the hearing, the arbitrator(s) will either issue a decision at the hearing or estimate the amount of time necessary to issue a written decision.  Unless there are some serious procedural problems, the arbitrator(s)' decision is not appealable and the decision is final.

What are the benefits of arbitration?

The main advantage is closure.  The parties know that at the end of the day(s) there will be a decision which is final.  As there can rarely be an appeal, the decision is truly final.  The other advantage is that one can have an arbitrator who is experienced and knowledgeable in the subject matter of the conflict make a fair and informed decision.

What are the differences between mediation and arbitration?

Arbitration does not allow the parties to retain control of the conflict resolution process.  It may be more costly than mediation, as attorneys may wish to conduct a considerable amount of discovery prior to an arbitration.  The parties cannot use their own creative problem-solving skills as they would in mediation.  They are bound by the decision of the arbitrator(s).  However, in some circumstances, arbitration may be the best alternative dispute resolution process available to the parties.

Often times parties will arrange for an arbitration but then decide they would rather have a mediation.  Our panel of  arbitrators are also skilled mediators. 

Why use The Mediation Group of Tennessee for your arbitration?

The  Mediation Group has many experienced  arbitrators on its roster, many of whom  are arbitrators certified by the American Arbiration Association.   Some contracts specify that a specific organization will be used for an arbitration, such as the American Arbitration Association or the International Institue for Conflict Prevention & Resolution,  while other contracts make no specification.  By agreement, parties may choose to use The Mediation Group of Tennessee, as the arbitrators are local to Tennessee and the filing fee is substantially lower than required by many of he national organizations.  The rules we use are substantially similar to the rules used by other organizations, but more practical.  Since arbitrations are contractural in nature, the parties may design the rules that fit their dispute very specifically. 

You can find the arbitrators in The Mediation Group of Tennessee,  listed above in the Civil Panel of Professionals.  Just Click on the panel and on the picture for each arbitrator for their bio. 

How do you schedule an arbitration?      

Arbitrations  are scheduled by agreement of the parties or by court referral.  In any event one or both parties call The Mediation Group of Tennessee Office and speak with a case manager.  The phone number is (615) 292-6069 or Toll Free  (877) 298-8648.

If you are requesting a specific arbitrator or panel of arbitrators, the case manager will check to see if the parties'schedule and the arbitrator's  schedule are compatible.  If you have no preference, the case manager will steer you to several possibilities based on experience, training, subject matter expertise and availability.  The resumes are available on the Panel of Civil Professionals . [Click on link above.]  The case manager will obtain information that is necessary to schedue the arbitration.  If only one party is on the phone, several calls may be necessary to set a date and time convenient for all parties and the mediator.

After the necessary information is received and the arbitration  is scheduled, the case manager will send out a confirmation letter giving details regarding the date and location of the arbitration  and notifying the parties of a Pre-Arbitration  Conference.  The Pre-Arbitration Conference Call is set to set up a date for the arbitration, the discovery process, witnesses, subpoenas venue, place of the arbitration and other details.

The case manager will also send an Agreement to Arbitrate to the attorneys or to the parties, if unrepresented.  This document contains the arbitration rules, as well as the hourly rate of the arbitrator and responsibility for payment.  All parties and attorneys must sign this agreement prior to the start of the mediation.  An Agreement to Arbitratre may be printed out by clicking below.    

Agreement to Arbitrate.   Our  Rules of Arbitration are attached to the Arbitration Agreement. 

Where does the arbitration take place?

The Mediation Group Case Manager will help the parties choose the most comfortable setting for the arbitration hearing to take place.  This is largely dependent on the number of parties and the estimated length of the arbitration.  The Case Manager will see that all necessary amenities are in place at the time of the arbitration.

What rules does The Mediation Group of Tennessee use in its arbitrations?

We have a set of rules that are fairly simple and practical to administer.  By its nature, arbitration is a process based upon contract.  Your specific contract may specify the venue, number of arbitrators, the types of discovery, the jurisdiction and a reference to specific set of rules.  The parties may agree to any set of rules they agree to or make additions to our rules.  The arbitrator will discuss these issues at the pre-arbitration conference.   Press here for a copy of our rules. 

What payment is required prior to the arbitration? 

  After discussing the amount of time that will necessary to complete the arbitration and formulation of the arbitration award, the case manager in consultation with the arbitrrator will estimate the amount of time required.  She/he will notify the parties that a sum of money must be deposited with The Mediation Group of Tennessee prior to the arbitration.  Each party will be responsble for one-half of the fee , unless there are multiple parties.  If the arbitration and award consume less time than estimated, money will be refunded.  If more time is used, the case manager will inform the parties so they will pay the final amount prior to the releasing of the arbitration award. 

How is the awared enforced?

If there is a court filing at the time of the arbitration, which has been stayed, the award may be filed as an order of the court.  The order  may be enforced as all other orders of the court are enforced through legal collection measures.  If no filing has been done prior to the arbitration, depending on the amount of the award, a complaint requesting enforcement may be made at the General Sessions or Circuit Courts of Tennessee or appropriate courts of another state.   The Tennessee statute is T.C.A. 29-5-101 et seq.  will be followed for any orders enforced in Tennessee. 

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