PRESS RELEASE               

from the Knox-Area Mediation Community 

Mayors, Governor Proclaim October 19 to be “Mediation Day”

KNOXVILLE, Oct. 3, 2006 – Knoxville’s mediation community supports Mayor Ragsdale’s and Mayor Haslam’s proclamation of Oct. 19 as “Mediation Day” in Knox County and Knoxville, respectively. Governor Bredesen has also made this proclamation for the entire state of Tennessee.  The day, which is meant to bring attention to non-adversarial options for conflict resolution, corresponds to International Conflict Resolution Day, which is observed each year on the third Thursday in October. A copy of the governor’s proclamation is attached. 

As conflict escalating to violence increases in our communities, awareness of mediation as a resource seems imperative to help recognize and talk about a dispute before it grows.  Many organizations and businesses in east Tennessee support and provide mediation services.  Among those, the Tennessee Valley Mediation Association, the Community Mediation Center, the Knoxville Bar Association, and UT’s Mediation Clinic have banded together to promote this day of awareness. 

Mediation is a unique process in which people are assisted by a neutral third person to come to a better understanding of their problem and then to a mutually satisfying, self-determined solution.  Some of the advantages to mediation include privacy, cost-effectiveness, and informality.  Many people choose mediation because the process can be completed in a short period of time.  Importantly, disputing parties often choose mediation because the process deals with the feelings and interests at the root of the conflict.  Acknowledging emotions and personal issues can lead to a better understanding of each party and a more satisfying agreement.  For people in an ongoing relationship – such as parents or business partners – mediation fosters the relationship, while helping to manage the conflict. 

Mediation is useful in resolving many types of disputes.  Divorcing spouses may find it useful in completing a parenting plan or even dividing family assets.  Business people may choose to mediate contract disputes confidentially.  Companies may mediate employment disputes involving discrimination or termination.  Family members at odds over estate planning or family business issues may mediate to preserve their relationships.  Through mediation, parties may discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success. This is most important when the relationship is one that will continue over time as in parenting or neighbors. 

In Tennessee, court-based alternative dispute resolution was established state-wide in 1996. Mediators listed under Tennessee Supreme Court Rule 31 must meet rigorous standards in education, work experience, and training. About 900 mediators are actively listed as Rule 31 mediators in Tennessee – a 285% increase over the last ten years. These professionals offer services in cases ranging from complex business disputes to contested child custody cases. Many, but not all, Rule 31 mediators are lawyers. Mediation is a useful tool for beginning to rebuild a sense of community, as well as creating a shift in lawyers as peacemakers. The fact that not all mediators are lawyers allows people interested in building community and creating peace the possibility of doing so. 

The Community Mediation Center began in 1993, with well-trained volunteers co-mediating parenting plans, divorces, juvenile offenses, and small claims for free or on a sliding fee scale.  Through the CMC’s Peer Mediation Program, students in Knox County schools are now introduced to conflict resolution skills and use mediation to solve disputes between students when appropriate.   

The Tennessee Valley Mediation Association fosters high quality mediation and is an inclusive organization that welcomes all supporters of mediation and alternative dispute resolution practices.  Its membership includes both lawyer and nonlawyer mediators. It holds monthly meetings and special workshops to help mediators continue their education.  

The Knoxville Bar Association’s Alternative Dispute Resolution Section has been instrumental in promoting high standards of mediation practice and professional development throughout the bench and bar and encourages attorneys and clients to choose mediation when appropriate to settle disputes.  

The Mediation Clinic of the University of Tennessee George C. Taylor School of Law provides law students with opportunities to “learn by serving”—mediating actual disputes. Students enrolled in the Mediation Clinic receive intensive training in mediation techniques, then comediate cases in Knox County General Sessions Court and agencies such as the Equal Employment Opportunity Commission. 

The Community Mediation Center, Tennessee Valley Mediation Association, Knoxville Bar Association, and UT School of Law’s Mediation Clinic are members of the Tennessee Coalition for Mediation Awareness.  The Coalition was formed this year to maximize the resources and expertise of various groups in the state committed to increasing awareness of mediation as an alternative to litigation.  The mission of the coalition is to support programs and activities that educate the public and the legal profession on the benefits of mediation and other forms of conflict resolution.  To celebrate Mediation Day on Oct. 19, 2006 and focus public attention on the benefits of dispute resolution alternatives, the member organizations of the coalition are planning a number of events around the state. 

Effective mediation can be very empowering for people.  It helps people develop stronger relationships and better conflict management skills.  The Knoxville mediation community is committed to assisting its courts and citizens in alternative dispute resolution, which leads to more societal harmony and lessens the crowding of our judicial system.