Tenn. R. Sup. Ct., 10

As amended through November 4, 2024
Section 10 - Obligations of Rule 31 Mediators
(a) Before the commencement of any Rule 31 Mediation, the Rule 31 Mediator shall:
(1) Make a full and written disclosure of any known relationships with the parties or their counsel which may affect or give an appearance of affecting the Rule 31 Mediator's neutrality.
(2) Advise the parties regarding the Rule 31 Mediator's qualifications and experience.
(3) Discuss with the parties the rules and procedures that will be followed in the Rule 31 Mediation.
(b) During Rule 31 Mediations, the Rule 31 Mediator shall:
(1) Advise the Court in which the proceeding is pending if the Rule 31 Mediation is, or is likely to become, inappropriate, unfair, or detrimental in the referred action.
(2) Maintain impartiality toward all parties. Impartiality means freedom from favoritism or bias in favor of or against any party, issue, or cause.
(3) Refrain from giving legal advice, while serving as a Rule 31 Mediator, to the parties in the Rule 31 Mediation. However, while a Rule 31 Mediator should not offer a firm opinion as to how the Court in which a case has been filed will resolve the case, a Rule 31 Mediator may point out possible outcomes of the case and may indicate a personal view of the persuasiveness of a particular claim or defense.
(c) During and following Rule 31 Mediations, Rule 31 Mediators shall:
(1) Refrain from participation as attorney, advisor, judge, guardian ad litem, master, or in any other judicial or quasi-judicial capacity in the matter in which the Rule 31 Mediation was conducted.
(2) Provide a timely report as required under Section 5 of this Rule.
(3) Avoid any appearance of impropriety in the Rule 31 Mediator's relationship with any member of the judiciary or the judiciary's staff with regard to the Rule 31 Mediation or the results of the Rule 31 Mediation.
(4)Preserve and maintain the confidentiality of all information obtained during the Rule 31 Mediation and shall not divulge information obtained by the Rule 31 Mediator during the course of the Rule 31 Mediation without the consent of the parties, except as otherwise may be required by law.
(5)Assist the parties in memorializing the agreement of the parties at the end of the mediation. Rule 31 Mediators may assist the parties in filling out the Parenting Plan Forms maintained by the Administrative Office of the Courts pursuant to T.C.A. 36-6-404, the Marital Dissolution Agreement as approved by the Tennessee Supreme Court under Tenn. Sup. Ct. R. 52 and any other forms approved by the Tennessee Supreme Court.
(d)The Rule 31 Mediator shall not be called as a witness in any proceeding to enforce any terms of the resulting mediationagreement.

Tenn. R. Sup. Ct., 10