Tim Woodard: Success in Business and Law

It is a certainty that Tim Woodard is a good mediator, with plenty = of experience to draw upon. He has tried many cases in a number of legal disciplines, served as a judicial clerk and he has negotiated many contracts. He has also worked hard in the field of legal marketing and as a ghost writer for appellate court briefs and portfolio management.
Tim Woodard believes that education is important to his successful business and legal career, but he has never forgotten his roots. He likes to think that his blue-collar work ethic infuses everything he does.

As far as Tim Woodard, the character traits of loyalty, integrity and consistency are vitally important in everything, which is why he demands them from himself and anyone he works with and/or represents. from himself and he works hard to be the best person he can be. The first person in his family to have graduated college, Tim Woodard earned an Associate’s Degree in History and a Bachelor’s Degree in Business Administration before earning his law degree. All of that is significant to his worldview.

History of Mediation in Tennessee

HISTORY OF MEDIATION IN TENNESSEE

Alternative Dispute Resolution (ADR), otherwise known as mediation, is a concept that is sweeping the country. It is recognized as a way to reduce delay, reduce cost, and increase consumer satisfaction in the outcome of their disputes. In 1992, the Tennessee Supreme Court created a commission to study dispute resolution in Tennessee “with a view toward the use and implementation of procedures to expedite and enhance the efforts of the courts to secure the just, speedy, and inexpensive determination of disputes.”

The recommendations of the 1992 commission resulted in the enactment of Supreme Court Rule 31 in January 1996. Rule 31 created a system where litigants, courts, and attorneys can locate qualified alternative dispute resolution mediators and other neutrals and enlist their assistance in resolving matters pending before courts of record Morristown, TN.

Rule 31 does not affect dispute resolution programs or individual cases that are resolved outside the Rule 31 system. Any case may go to mediation, arbitration, or other form of dispute resolution without having to go through the Rule 31 process. The Rule was set up to assist the court in obtaining a mediator or other neutral when the court or the parties want one.

Rule 31 also established a new Alternative Dispute Resolution Commission that spent over a year devising a way that ADR neutrals could be trained and approved for use by the courts. During this time the Rule was amended to include more detail regarding the credentials and training required for mediators. The current Rule was filed in December 1996 and amended in subsequent years.

Essential Steps To Negotiation

THE ESSENTIAL STEPS TO SUCCESSFUL NEGOTIATION

There are twelve essential steps to a successful negotiation. If that sounds like too much to remember, it is not. All of the steps are based on common sense. And if you have the characteristics which I described on the preceding page, following the steps should be automatic.

1. Get to the table.

2. Pick the right time to mediate.

3. Choose the right mediator.

4. Have pre-mediation conferences.

5. Set aside sufficient time.

6. Prepare your client.

7. Prepare a powerful position paper.

8. Insist on full settlement authority.

9. Maximize the benefits of the joint session.

10. Set the tone with your opening statement.

11. Get into a zone of bargaining as soon as possible.

12. Don’t take a bottom line approach.

Mediation Tips

What are some divorce mediation tips?
The mediation session is not something to worry excessively about, but it is something to properly prepare for. To get the best results from this settlement process, keep the following divorce mediation tips in mind:

DO NOT become emotionally invested in settlement on that day. Being emotionally invested in settlement is akin to going to the car dealership to shop having already decided to buy, regardless of the price quoted by the salesperson.
DO stay relaxed. Mediation can make for a long day. Stay cool and collected, avoid swinging between emotional highs and lows.
DO bring a relaxing, easy-to-ready book.
DO have extra food to eat with you. You may need to keep your blood sugar up, even if too nervous to eat much.
DO know precisely what you want in your settlement well before showing up for mediation. Make a very detailed list of money, items, assets, debts, support, and everything else you really want.
DO get some moderate exercise a day or two before the mediation. A little exercise, maybe just a long walk, can go a long way toward keeping you relaxed and alert.
DO get to bed early the night before. Get a good night’s sleep.
DO NOT get drunk the night before mediation. Never mediate on a hangover.
DO NOT take any thought-altering medications (such as anti-depressants or sleep aids) the night before mediation or during the mediation unless you are already accustomed to the medication. Keep a clear head.
There is no reason to be fearful of mediation, especially if you are represented by counsel. But do take the process seriously.

BENEFITS OF MEDIATION

People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation. Below is a list of some of the benefits of mediation, broadly considered. Mediation generally produces or promotes:

Economical Decisions
Mediation is generally less expensive when contrasted to the expense of litigation or other forms of fighting.

Rapid Settlements
In an era when it may take as long as a year to get a court date, and multiple years if a case is appealed, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results.

Mutually Satisfactory Outcomes
Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.

High Rate of Compliance
Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.

Comprehensive and Customized Agreements
Mediated settlements are able to address both legal and extra-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation.

Greater Degree of Control and Predictability of Outcome
Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.

Personal Empowerment
People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediation negotiations can provide a forum for learning about and exercising personal power or influence.

Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way
Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties’ interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure Morristown, TN . Mediation can also make the termination of a relationship more amicable.

Workable and Implementable Decisions
Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.

Agreements that are Better than Simple Compromises or Win/Lose Outcomes
Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions.

Decisions that Hold Up Over Time
Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.

CONTACT THE TW MEDIATION FIRM TODAY
Tim Woodard

PARENTS GUIDE TO MEDIATION

PARENTS GUIDE TO MEDIATION

When parents come before the court with a complaint for divorce, the court mandates the submission of a “parenting plan”. Mediation is often used to develop such a plan. Mediation is a process in which parents who are in conflict come together with a neutral third person who assists them in reaching a mutually agreeable settlement. The mediator helps parents clarify the issues, consider the options, and reach a workable agreement that fits the needs of their children.

Mediation:

encourages direct communication between the parents.
helps parents decide for themselves what is in the best interest of their child/ren.
explores creative ways to solve problems.
promotes cooperation.
provides an informal setting which saves time and lowers the cost of a divorce.
preserves the strengths of an ongoing relationship as parents.
is confidential.

The Mediator:

will remain impartial throughout the process.
will not give legal advice.
is not a judge.
will not decide the dispute.
will provide each party with a full opportunity to effectively express his or her interests.
Mediation is used by the court to assist parents morristown tn in developing a parenting plan that describes how they will work together to continue parenting their children. During mediation parents have complete decision-making power for their parenting plan. Attorneys for each parent may attend the mediation, unless requested not to by the parent. Additionally, the attorney will review any and all agreements before allowing their clients to sign mediated agreements.

The court expects each parent and attorney to act in good faith and to fully and honestly disclose all relevant information as requested by the mediator. One or both parties can request mediation of the court at any time during the divorce process.

Tim Woodard

BENEFITS OF MEDIATION

WHAT ARE THE BENEFITS OF MEDIATION?

People keep control over the resolution of their own problem.
Disputes can be settled promptly. A mediation session can be scheduled as soon as everyone agrees to use mediation to resolve the dispute, even before a lawsuit may be filed.
Mediation costs are significantly less than taking a case to trial.
Mediation promotes better relationships through morristown cooperative problem-solving and improved communication.
Mediation is private and confidential. The mediator and the people in the dispute must maintain the confidentiality of the information disclosed during mediation.
Mediation is voluntary. Although a judge may order a case to proceed to mediation, the mediation may be terminated at any time by the people involved or by the mediator. Settlement is also entirely voluntary. If you cannot reach an agreement, you still have the right to take the dispute before a judge or jury.

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How Long Does Mediation Take?

HOW LONG DOES MEDIATION TAKE?

The time required for mediation varies. It depends on the complexity of the issues and the concerns of the people involved. It may be necessary to meet with the mediator more than once.

How Does Mediation Work?

HOW DOES MEDIATION WORK?

At the mediation session each person involved in the dispute presents a summary of his or her point of view. If you have an attorney, he or she may go with you to the mediation session if you want. The mediator will meet with everyone together and may also meet individually with each side. This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well as to vent anger or frustrations outside the presence of the opposing side. The mediator will work with each person until an agreement is reached that is acceptable to everyone. The agreement is put in writing and signed by the people involved, with the advice of their attorneys.

What is the Mediator’s Role?

WHAT IS THE MEDIATOR’S ROLE?

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.