Appellate ADR - Rule 34: Parties may voluntarily choose to engage in mediation of a civil case, after it is appealed to the Tennessee Court of Appeals.  A new appellate mediation rule spells out the specific procedure to follow.  Rule 34 of the Tennessee Rules of Appellate Procedure (effective date July 1, 2009).  As stated in the Advisory Commission Comment, "Rule 34 introduces a new procedure to appellate practice.  If the parties voluntarily decide to mediate their dispute, pursuant to the provisions of section (b) of this Rule, various deadlines are suspended.  There is also an evaluation process for voluntary appellate mediation."  This rule is a more modest proposal than the rule originally suggested by a task force appointed by the Court, which would have involved mandatory appellate mediation.  The Task Force scaled back the proposal in its Report of the Appellate Mediation Task Force (June 2007).

For more information on appellate mediation in Tennessee, go to:

Workers Comp Appellate ADR - Rule 37:  Under TN Supreme Court Rule 37, and subject to certain limiting provisions in Section 4 of Rule 37, all workers' compensation appeals as of right are ordered to mediation. Rule 37 does not apply to interlocutory appeals pursuant to Rule 9, Tenn. R. App. P., or to extraordinary appeals pursuant to Rule 10, Tenn. R. App. P.


See ABA web page for information on federal appellate ADR programs.


Go to the National Center for State Courts for information on state appellate ADR programs in the United States.  For additional information, you may contact the appropriate state office.

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PHONE:  615.812.5557

ADR Resources: Appellate Mediation
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