Evidence
What the law and the research say
For attorneys, judges, and practice owners who want the basis for what mediation does and what Tennessee requires.
What mediation is in Tennessee
Tennessee law generally requires mediation in divorce cases, with exceptions.
Tenn. Code Ann. § 36-4-131 [2]Parents in parenting-plan disputes first complete a parent education seminar.
Tenn. Code Ann. §§ 36-6-408, 36-6-409 [3]Courts may order mediation by video conference.
Tenn. Code Ann. § 36-4-131(e) [2]The mediator decides nothing. Agreements are the parties' own.
Tenn. Sup. Ct. R. 31, App. A § 5 [1]What's said in mediation is confidential and treated like settlement talks; the mediator can't be compelled to testify.
Tenn. Sup. Ct. R. 31 § 7 [1]In court-ordered cases, the court learns only who attended, whether the case settled fully or partly, and whether the mediator asks that her fees be charged as court costs.
Tenn. Sup. Ct. R. 31 § 5 [1]In cases involving domestic abuse, mediation can happen only if the protected party agrees, the mediator is trained in domestic and family violence in a way that protects the victim's safety, and the protected party may bring a support person.
Tenn. Code Ann. §§ 36-4-131(d), 36-6-409(5) [2]The Tennessee Supreme Court has described mediation as a quicker, less expensive, and potentially more satisfying alternative to continued litigation, without impairing the quality of justice or the right to trial.
Tennessee Supreme Court ADR Plan [4]
What the research shows
50–90%
Settlement rates for family mediation across nine studies, with high client satisfaction in all of them.
30% vs. 9%
Twelve years after a randomized study, nonresidential parents who mediated were more than three times as likely to see their children weekly as those who litigated — with no increase in coparenting conflict.
Source: Emery et al. (2001), Journal of Consulting and Clinical Psychology [6]
15% vs. 39%
Share of nonresidential parents who saw their children once a year or less, mediation vs. litigation, in the same 12-year study.
48%
Share of comparison-group litigants (those who didn't mediate) who said they would have preferred mediation, in a meta-analysis covering 37 civil mediation programs.
Why this matters for children: research summarized by Canada's Department of Justice found that frequent, intense parental conflict can harm children more than the separation itself. A process that lowers conflict is a child-focused process.
Research describes averages across many cases and settings, not a guarantee. Every case is different, and no particular result is promised.
Sources
- Tennessee Supreme Court Rule 31 and Appendix A https://www.tncourts.gov/courts/supreme-court/rules/supreme-court-rules/rule-31-alternative-dispute-resolution-mediation
- Tenn. Code Ann. § 36-4-131 https://law.justia.com/codes/tennessee/title-36/chapter-4/section-36-4-131/
- Tenn. Code Ann. § 36-6-409 https://law.justia.com/codes/tennessee/title-36/chapter-6/part-4/section-36-6-409/
- Tennessee Supreme Court ADR Plan https://www.tncourts.gov/sites/default/files/docs/tnsc_adr_plan.pdf
- Kelly, J. B. (2004). Family mediation research: Is there empirical support for the field? Conflict Resolution Quarterly. https://www.aboutrsi.org/library/family-mediation-research-is-there-empirical-support-for-the-field
- Emery, R. E., et al. (2001). Journal of Consulting and Clinical Psychology, 69(2), 323–332. https://doi.org/10.1037/0022-006X.69.2.323 (summary: aboutrsi.org)
- Department of Justice Canada (2008). The Effectiveness of Using Mediation in Selected Civil Law Disputes: A Meta-Analysis. https://justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/rr07_3/p0.html
- Department of Justice Canada (2004). High-conflict Separation and Divorce: Options for Consideration. https://justice.gc.ca/eng/rp-pr/fl-lf/divorce/2004_1/p3.html
Statutes and rules change. This page reflects them as of October 2026 and is not legal advice.