Litigation, Mediation, and Arbitration in Tennessee: A Comparative Guide

When facing disputes in Tennessee, it's essential to choose the right resolution method. Here’s a comparison of litigation, mediation, and arbitration to help you make an informed decision.

Litigation

Tennessee Courts: Litigation is the traditional route, involving filing a lawsuit in appropriate state courts like General Sessions, Circuit, or Chancery.

Process: It includes pleadings, discovery, motions, a trial, and appeal rights.

Pros: Strong fact-finding, enforceable decisions, appeal protections, public accountability.

Cons: Slow, costly, public, less control over outcomes.

Best Fit: High-value disputes, cases needing formal discovery, situations requiring public rulings.

Mediation

Mediation is a guided negotiation process led by a neutral mediator.

Tennessee Rule 31: Courts can order mediation in civil cases, requiring mediators to meet specific standards.

Process: Involves pre-mediation exchanges, joint sessions, private caucuses, and drafting settlements.

Pros: Faster, confidential, flexible solutions, cost-efficient.

Cons: Nonbinding unless settled, not ideal for bad-faith opponents, limited fact-finding.

Best Fit: Disputes needing resolution, cases with relationship value, matters valuing confidentiality.

Arbitration

Arbitration is a private trial process with decisions made by an arbitrator.

Governing Laws: Governed by Tennessee's RUAA and possibly the Federal Arbitration Act.

Process: Initiation, arbitrator selection, limited discovery, hearing, award.

Pros: Faster than litigation, private, expert decision-makers, streamlined procedures.

Cons: Limited appeal rights, discovery constraints, potential high costs, contract-driven.

Best Fit: Contract-mandated, specialized expertise cases, privacy-centric matters.

Choosing the Right Path in Tennessee

Clients should consider if arbitration is mandatory, the need for formal discovery, the importance of speed and confidentiality, and existing settlement leverage.

Conclusion: Manson Johnson Conner PLLC can help evaluate your options to maximize results while controlling costs and risks. Contact us to explore the smartest route forward.