Mediation

Parties may request to seek prompt resolution of a complaint filed with CRED through a voluntary, informal process referred to as mediation. The Office of the Tennessee Attorney General offers this service at no cost to the parties.

During mediation, the parties work toward a fair and reasonable resolution of their dispute with the assistance of a trained and impartial mediator. Mediation may be conducted in person or by Microsoft Teams. If mediation is successful, the parties will sign a written conciliation agreement outlining the terms resolving the matter.

Role of the Mediator: The mediator helps facilitate discussions among the parties that enable them to gather and analyze information, identify important issues, clarify misunderstandings, explore solutions, and negotiate settlement terms. The mediator is not a judge and does not make decisions or impose solutions on the parties; the parties are responsible for the terms of their own agreement.

Role of the Civil Rights Enforcement Division: A CRED representative may participate in mediation to negotiate settlement terms designed to advance the public interest. All conciliation agreements must be approved by the CRED Director or the  Attorney General.

Confidentiality: The entire mediation process is confidential and privileged. All communications made during or in connection with the mediation which are related to the dispute between the parties, and all materials in the case file of the mediator, will remain confidential. Neither party can call the mediator to testify in any judicial proceeding. Any documents exchanged by the Parties during or in connection with the mediation shall also be considered confidential and privileged.