Are you ready for the big changes are coming to Rule 31 on November 1, 2018!  The Tennessee Supreme Court has approved several changes and made some clarifications to Rule 31.

Here is a quick run down of some of the biggest changes:

• There are now TWO rules.  The original Rule 31 has been bifurcated into Rule 31 (pertaining only to Mediation) and new Rule 31 A.  Rule 31 A deals with alternative dispute resolution neutrals in areas other than mediation – specifically where lawyers or judges are the neutrals.

 

• The definition of an “eligible civil action” has been clarified.  Under Section 2(f) an “eligible civil action” is “any civil action filed in a Court in which the Court has continuing jurisdiction, except civil commitments, adoption proceedings, habeas corpus and extraordinary writs, juvenile delinquency, or dependency and neglect cases.”

 

• Section 10(c)(5) specifically allows mediators to 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, the Marital Dissolution Agreement and any other forms approved under Tenn. Sup. Ct. R. 52 for use by self-represented parties in memorializing their agreement.

 

• Grievance procedures have been clarified and adopted in Section 11.

 

• Section 15 requires mediators to provide a mailing address, an email address and a phone number to the AOC.

 

• Section 15(b) now requires mediators to provide proof of attendance/completion for CME.

 

• Appendices B-E have been removed and placed on the AOC Website as forms.

 

Changes that go into effect in 2019

• Inactive status for mediators has been removed (old Section 2(h)).  If you are currently inactive, you will have until November 1 of 2019 to decide whether or not to let your Rule 31 Listing lapse or to bring it into active status.  The pertinent sections are 14(2) and 15(a)(4).

 

• Mediators must renew their Listing each year or be removed from the list.  Mediators shall complete all of their CME on or before March 31 of the next year and pay the required fee or their Listing will lapse.  Once it has lapsed, the Mediator must re-apply to the ADRC for Listing.  You will NOT be able to complete the hours after March 31 and get your Listing back without going through the application process.  Additionally, if it has been more than 6 years since you have completed Rule 31 Training, you must go through training again.

 

If you need CME, click HERE

To learn more about mediation, please visit HERE

Click for a copy of the ORDER

For a complete copy of the updated Rule click HERE