Frequently Asked Questions

Is mediation confidential?

Rule 31 mediation is confidential, which is one of the great advantages of it over litigation. This confidential and informal process allows people to relax and focus on resolving their disputes rather than worrying about what is going to happen in open court. Pursuant to Supreme Court Rule 31, Section 7. Confidential and Inadmissible Evidence, “Evidence of conduct, information disclosed, or any statement made in the course of a Rule 31 Mediation is confidential to the extent agreed by the parties or provided by other law or rule of this State. Such evidence shall be inadmissible to the same extent as conduct or statements are inadmissible under Tennessee Rule of Evidence 408. No Rule 31 Mediator may be compelled to testify by deposition or otherwise regarding such conduct, information or statements. A written mediated agreement signed by the parties is admissible to enforce the understanding of the parties.”