Tenn. R. Sup. Ct., 1

As amended through November 4, 2024
Section 1 - Preamble
(a) Scope; Purpose. These standards are intended to instill and promote public confidence in the Alternative Dispute Resolution process under Tennessee Supreme Court Rules 31 and 31A and to be a guide to Neutrals serving under the same. The term "Neutral" as used in these standards refers only to those serving under Rule 31 or 31A. These standards do not affect or address the general practice of mediation or alternative dispute resolution in the private sector outside the ambit of Rules 31 and 31A. The term "ADR Proceeding" as used in these standards refers only to Rule 31 and Rule 31A proceedings. As with other forms of judicial system activity, Rule 31 and 31A proceedings must be built on public understanding and confidence. Persons serving as Neutrals are responsible to the parties, the public, and the courts to conduct themselves in a manner which will merit that confidence. These are a guide to Neutrals conduct in discharging their professional responsibilities under Supreme Court Rules 31 and 31A.
(b) Neutral's Role. In dispute resolution proceedings, decision-making authority rests with the parties. The role of the Neutral includes but is not limited to assisting the parties in identifying issues, reducing obstacles to communication, maximizing the exploration of alternatives, and helping the parties reach voluntary agreements.
(c) General Principles. A dispute resolution proceeding under Rules 31 and 31A is based on principles of communication, negotiation, facilitation, and problem-solving that emphasize:
(1) the needs and interests of the participants;
(2) fairness;
(3) procedural flexibility;
(4) privacy and confidentiality;
(5) full disclosure; and
(6) self-determination.

Tenn. R. Sup. Ct., 1