When legal disputes arise, courtroom litigation is not the only option. Arguments in the court system can take time, be economically draining, and strip away privacy. An alternative is mediation, a common form of arbitration that offers another path towards conflict resolution. At Story & Abernathy, PLLP, an experienced Franklin mediation lawyer is prepared to work with all parties toward finding equitable solutions to their conflicts.
Civil actions and family matters that may require mediation are extremely common. Our attorneys can provide mediation in cases regarding a wide range of issues. We are here to help and offer a path to the resolution of your matter.
About Story & Abernathy, PLLP
At Story & Abernathy, PLLP, we bring a combined experience of over sixty years, helping the people of Franklin and the Williamson County area to resolve their legal disputes. Working within a broad range of practice areas, we understand that each case, like each client, is unique. With an unwavering dedication to our clients, we are prepared to act as mediators to resolve your disputes efficiently and effectively.
Our Franklin lawyers are Tennessee Rule 31 mediation-certified. This means they are trained mediators for court-ordered civil and family disputes and are able to facilitate voluntary agreements.
Mediation – What is it?
Mediation is a process in which participants settle their conflicts with the help of a Rule 31 impartial person: A mediator. The mediator helps parties communicate securely and respectfully, so they are able to identify important needs and concerns, express injustices, and develop lasting solutions.
We believe mediation to be an excellent proven method for resolving disputes with dignity and respect, while keeping matters private. Mediation can often be a critical process that allows the bypassing of acrimonious and costly litigation.
In one study conducted by the American Arbitration Association, it was found that up to 78% of cases were resolved through some form of mediation. Hiring an attorney knowledgeable in Franklin mediation laws can minimize or eliminate the time you may need to spend in the Williamson County Circuit Court.
Mediation concentrates on finding a solution. It’s a way to resolve civil disputes by minimizing the financial and emotional burden of a court hearing. Mediation is a process for individuals and organizations to negotiate an agreement through a willingness to communicate and compromise.
Contact The Story & Abernathy, PLLP
call for a consultation (615) 790-1778
Approaches to Mediation
Mediation as a practice is very broad, and can vary dramatically in the forms it takes and the purpose it serves. If you are considering mediation, it may be helpful to be familiar with these approaches. The three most common are:
- Evaluative mediation. This form of mediation is used when both parties are unsure of the underlying legal principles that define their positions. In such instances, an attorney can help to clarify the legal framework in question and offer solutions based on the law. This form of mediation is common in commercial disputes, cases of divorce, and labor disagreements.
- Facilitative mediation. Facilitative mediation cases focus more on the mediator acting as a facilitator to communicate between the two parties. In these instances, a mediation lawyer can help each side work towards finding a productive way of resolving difficult issues. This is a common form of mediation for family issues, workplace disputes, and community disagreements.
- Transformative mediation. This form takes a more ground-level approach, seeking to increase mutual recognition between parties and foster a relationship that can move towards a mutually agreed form of resolution. This type of mediation is common for issues of interpersonal conflicts, civil disputes such as the contestation of wills, as well as certain business quarrels.
There are many different specific issues that can be covered in mediation, as well as the circumstances that are addressed. Court-ordered mediations, for example, occasionally serve as a pre-trial requirement. Regardless of the form it takes, having an experienced arbiter with extensive knowledge is crucial for an equitable solution.
Mediation We Provide
- Divorce
- Parenting Plan
- Family
- Child Support
- Custody
- Juvenile Matters
- Estate/Probate Matters
- Appellate
- Prenuptial
Why Use Mediation?
Our experienced attorneys at Story & Abernathy, PLLP, understand that the circumstances leading up to litigation can be a difficult time. We strive to facilitate environments of compassion where thoughtful discussion leads to an ideal outcome. Whether the issues at stake are part of a high-asset divorce, custody dispute, or business entanglement, we stand ready to offer guidance and a way forward.
We Listen to you objectively and confidentially while creating a safe environment for communication between parties. We Can help you stay focused on future goals and important decisions. We can help you come to a final agreement in a setting of reduced conflict and compromise by providing guided legal advice along the way.
Contact The Story & Abernathy, PLLP
call for a consultation (615) 790-1778
FAQs
Q: How Much Does Mediation Cost in TN?
A: The cost of mediation in the state of Tennessee can vary depending on the circumstances. In cases of court-ordered mediation, there is generally a small fee to be split between the parties. In other cases, where mediation is sought out, attorneys set their own rates. In these instances, the cost may typically be much higher, depending on the circumstances of the matter. You should discuss costs with the attorney at your initial consultation.
Q: Should I Bring a Lawyer to a Mediation?
A: Mediation typically does not require you to bring your own lawyer, but in some circumstances, it can be beneficial to hire a mediation lawyer. A skilled attorney can provide counsel and guidance and be a valued asset in advocating for your interests during proceedings. They may also have valuable insight into the nature of the issues being discussed, drawing on their experience and field of practice.
Q: What Is the Average Settlement Offer During Mediation?
A: It is difficult to determine an average settlement offer for mediations as each case is unique. It may be helpful to think of mediation as a facilitated negotiation. Negotiations depend on the particulars of the case, those involved, the issues at stake, and the willingness of all parties to come to an agreement. The settlement reached is wholly dependent on the circumstances under which it happens.
Q: What Is the Downside of Mediation?
A: While mediation can be a powerful tool for dispute resolution, there are some downsides. One is that, unlike a court setting, no conclusion is guaranteed in mediation. In most cases, either party can withdraw from a process at any time. A mediation may also take time to reach an agreement. Lastly, a mediation is dependent on the good faith of the parties to work together to find a resolution. In acrimonious cases, this can sometimes be difficult to achieve.
Hire a Mediation Lawyer
In a recent two-year period, Tennessee saw an increase in civil filings across 43 counties. In November of 2024 alone, over twenty thousand civil filings were made across the US. Litigants are seeking mediation as an alternative to expensive and time-consuming court proceedings. If you or someone you know finds themselves in a dispute, mediation may be a viable option.
With decades of experience serving clients across Franklin and the Williamson County area, Story & Abernathy, PLLP, is prepared to work as an objective voice guiding negotiations towards resolution. Contact us today to get started.