Do you charge for mediation?

Yes, we do charge a very affordable fee.  Because WBL's Mediation Program is not a nonprofit, we cannot accept donations; therefore, participants do have to contribute something toward their mediation in order to allow this beneficial service to continue. However, you will find our fees to be very cost effective and well below the average rate for typical mediation. We have also found that participants are more invested in the outcome if they've contributed financially to the process. 

How do we get started?

One or both parties can email WBL and request a phone consult regarding your situation. If we feel we are equipped to assist you, we will begin the intake process where we will gather your information and the information of the other party with whom you are in the dispute.     

If you haven't already, we will reach out to the other party or attorney and attempt to set up a time to discuss engaging in mediation with us. We WILL NOT gather data from you regarding your case except to discern whether it can legally be mediated. Specific details will be gathered once both parties have agreed to mediate in an effort to remain a neutral party.

Are you Rule 31?

We are Rule 31 Civil Listed in TN, but not Family. That means that we can take court appointed civil mediations. If you would like to mediate a family court matter, please check with your attorney to find out if you can use a non-Rule 31 Family Mediator. We can mediate any private civil dispute even if a complaint has already been filed, assuming we feel equipped to do so.

How long do mediations take?

It depends. Some mediations are completed to settlement in one day while others may take two or more. Conflict Resolution training can be conducted in a morning or afternoon session and family mediations may be ongoing depending on the conflicts at hand. More information can be provided during the intake process. Please note: We can make no guarantees that your mediation in Brentwood or conciliation will be successful.

If mediation doesn't work out, can you be my attorney?

No, if we are unable to resolve or reconcile your dispute, we cannot be an advocate for either party moving forward. However, we will happily refer you to a qualified and competent attorney.

How do we pay for mediation?

Each party must pay separately prior to mediation in one of three ways. Payments can be made via credit card by calling the office, through Paypal, or by check. Mediation will be canceled if all parties have not paid.

Is mediation mandatory and binding?

Many believe mediation is mandatory for Christians. Civil mediation, however, is not legally mandatory unless you have been ordered by the court to attempt mediation first. You can stop mediation at any time and pursue other resolution options, simply walk away, or go back to court. However, if you're already at the table and took the time to prepare, you owe it to yourself to at least see it through and make a concerted effort to try to settle your dispute or resolve your conflict. 

Mediation is not binding, but if an agreement is reached and contract executed, each party will be held to the agreement they signed. If they do not, the other party can sue for breach of contract or bring you back to mediation. 

What time is mediation?

9:00 a.m. to 6:00 p.m. - Mediation or Christian Conciliation starts at 9:00 (or other time the parties agree to) and lasts until resolution, agreement or 6:00 p.m., whichever comes first. If no resolution is reached and the parties would like to continue, we adjourn for the day and reconvene the next available day.

What do we need for mediation?

For mediations or conciliations that have been scheduled, you will be asked to do some pre-work which will include providing a mediation brief (or summary of your conflict), and in some cases, completing a DISC Assessment. Depending on the matter under dispute, there may be additional pre-work. The majority of the work will be done during the mediation, so come with a clear head and open heart and be ready to listen.

Do I have to hire an atttorney?

No, you do not have to bring an attorney with you, but you're attorney is welcome to attend if you've already retained one.  Even if the other party has an attorney, you may not need to hire one. This process is fair and neutral regardless of how many parties are on either side.

Is mediation or conciliation confidential?

Absolutely! There are very limited reasons ordered by the court where a neutral (mediator) might have to disclose information gathered during a mediation, but this is very rare and usually revolves around threats of harm. Discussions had during mediation cannot be entered in court should the mediation be unsuccessful and a court battle ensues. Additionally, you may not call your mediator as a witness in your case.

Do I have to sign anything?

Yes. At the beginning of mediation or as pre-work, you will need to sign a Consent to Mediate. Whether you sign anything at the conclusion depends on the outcome of your mediation.

Can you give legal advice?

Yes and no. As an attorney mediator with an active license to practice law in TN, we can advise the parties together on the laws of the matter and discuss how similar cases have been decided in court here in TN. However, any advice given will be shared with the other party (if during caucus) and will not be in the form of advocation for one party over the other or to give one party a greater advantage. At the conclusion of a mediation if you reach an agreement, you have us draft an agreement for the parties to execute.

What types of disputes do you mediate?

There are so many, we can't list them all, but here are some examples:

  1. Employment Disputes (wrongful termination, harassment, disability, interactive process, hostile work environment, discrimination, etc.)
  2. Conflicts between employees
  3. Board Member Disputes
  4. Business to Business Disputes
  5. Contract Disputes
  6. Estate Disputes
  7. Construction Disputes
  8. Real Estate Disputes
  9. Commercial Leasing Disputes
  10. Landlord/Tenant Disputes
  11. Creditor Disputes (pre-BK)
  12. Family Conflicts
  13. Marriage Conflicts
  14. More . . .

Are there some disputes you won't mediate?

Certainly. We can't mediate for someone who has been charged with a crime or has filed for banktruptcy. We may not be able to mediate certain family disputes such as divorce, custody and support if your case requires a Rule 31 Family Listed Mediator. If you would like to use our mediation services for divorce or custody, please verify with your attorney first. There may also be a dispute brought to us for which we simply do not feel qualified and may decline for that reason.