Mediation Services

Yollander Hardaway’s Expertise: Patience and Persistence

Yollander Hardaway is a Rule 31 Listed Mediator. She is presently accepting mediation appointments for divorce, child support, visitation and other family related matters. you do not have to file a case in Court before reaching a settlement of your dispute through mediation. You can reach a mediated agreement and then file it with the Court along with the appropriate pleadings. Ms. Hardaway has been a practicing attorney since 1985. She has over 27 years of experience and training in law, negotiation and settlement methods.
  • Experienced as a trial attorney in both the federal and state governments and in both criminal and civil law
  • Experienced as an administrative hearings judge for the federal government
    • She had conducted hearings and written decisions in employment discrimination cases
  • Creative Problem-Solver, she uses “Out of the box” thinking
  • Trained and Experienced in Legal Mediation

    • Who Initiates Mediation in Tennessee and How?
  • You as a party to the lawsuit will maintain your Right to Decide. A mediator shall assist the parties in reaching an informed and voluntary settlement. Decisions are to be made voluntarily by the parties themselves.
  • Any agreement you reach will be Completely Voluntary. You will not be coerced into settling one way or the other. A mediator shall not coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process.
  • With The Right Mediator, The Process Will Be Balanced.
    • A mediator shall promote a balanced process and shall encourage the parties to conduct the mediation deliberations in a nonadversarial manner.
  • With the right mediator, the process will be conducted with Mutual Respect Among All Participants. A mediator shall promote mutual respect among the parties throughout the mediation process.
  • In many instances, the cost of mediation Saves The Parties A Significant Amount Of Money in litigation costs, and Resolves The Matter Quicker.

    • What is Mediation?

    Mediation, as defined by out Tennessee Supreme Court: A voluntary settlement process to help you resolve disputes. Mediation is an informal process where a mediator helps people with a dispute to reach agreement. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement. The mediator is not a judge and does not make a decision or impose a solution on the dispute. Rather, the mediator helps those involved in the dispute talk to each other, thereby allowing them to resolve the dispute themselves. The mediator manages the mediation session and remains impartial.

    In Tennessee divorces, mediation is mandatory if children are involved, . Even if there are no children involved, many judges are ordering both parties to mediate, even over a spouse’s objection.
    However, if you’re ordered to mediate, by the Court, it doesn’t mean you’re ordered to reach an agreement, but you have to try in good faith.  The judge will expect you to show up and enter the mediation process in good faith. Whether you ultimately reach a binding agreement through the mediation process is 100% voluntary.

    Can What I Say Or Do In Mediation Be Used Against Me Later As Evidence In The Case?
    No. Conduct or statements made in the course of court-ordered mediation, or other alternative dispute resolution proceedings are not inadmissible in court to the same extent as conduct or statements are inadmissible under Tennessee Rules of Evidence 408. Consult an attorney if you have questions about specific evidence.
    Is the information acquired in mediation subject to Confidentiality Rules?
    A Rule 31 dispute resolution mediator is required to preserve and maintain the confidentiality of all alternative dispute resolution proceedings except where required by law to disclose the information.
    May I have my Attorney Appear with me at the mediation proceedings?
    Yes, participants can have his or her attorney present throughout the mediation proceedings.