Middle Tennessee Collaborative Alliance
Mediation and the Collaborative Process:
Ethics, Similarities, Differences, and How They Intersect
While the legal fundamentals of divorce are clear to most attorneys and mediators, navigating the process is no less challenging for the parties. More and more, Family Court judges, attorneys and mediators are finding value to a collaborative approach to reaching a settlement, as compared to a litigated or partially litigated divorce.
Enter mediation and collaborative divorce process/practice. Individually, these processes serve a broad swath of parties seeking to divorce one another while simultaneously limiting the financial and emotional cost - particularly when minor children are involved - as well as any other scorched earth associated with litigation. Both mediation and collaborative divorce serve a great number of parties that are willing and capable of working together to find a mutually acceptable agreement to settle their divorce without going to court. This is to say that many divorces, for a variety of reasons, will still need the intervention of the court. So, is every divorce suitable for mediation or the collaborative process? Of course not, but for many it is.
This course examines and compares the ethics, similarities, differences and points of intersection between mediation and the collaborative divorce process in Tennessee Courts. Because mediation and the collaborative divorce process rely heavily on the attorney's/mediator's ability to be neutral and empowering, their ethical behavior and motivations are of paramount importance, and central to this course.
CLE & CME APPROVAL:
This course has been approved by the Tennessee Commission for Continuing Legal Education & Specialization for 3 Dual CLE hours, and is approved by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court for 1 CME hour Mediation Ethics, and either: (1) 2 CME hours TN Family Law; or (2) CME hours General Mediation Issues; or (3) 1 CME hour TN Family Law and 1 CME hour General Mediation Issues.
Kristen B. Amonette, Esq. ATTORNEY | MEDIATOR
Kristen is a Tennessee Supreme Court Rule 31 listed family law mediator and she regularly mediates family law matters. She is also a founding member of the Middle Tennessee Collaborative Alliance and has an active, successful collaborative family law practice.
Kristen’s practice includes all areas of family law, including international and domestic divorce and custody matters, post-divorce matters including modifications of alimony, child support, and parenting plans, orders of protection, terminations of parental rights and adoptions, parentage matters, prenuptial and postnuptial agreements, domestic partnership agreements, juvenile law, dependent and neglect matters, probate law, and estate planning.
Kristen has been recognized as a Top 10 under 40 Family Lawyer in Tennessee and a Top 10 Family Lawyer in Tennessee by the National Academy of Family Law Attorneys, a Top 40 under 40 Family Lawyer in Tennessee by the American Society of Legal Advocates, a Top 40 under 40 Trial Attorney by The National Trial Lawyers, a Top 30 Matrimonial and Family Lawyer by The National Advocates, a Mid-South SuperLawyer, and a “10 Best” Family Law Attorney for Client Satisfaction in Tennessee by the American Institute of Family Law Attorneys.
Kristen serves as the Co-Chair for the Middle Tennessee Collaborative Alliance. She is a past Chair and Co-Chair of the Domestic Relations Committee of the Nashville Bar Association. She produces continuing legal education seminars regarding hot topics in family law and is also a writer and speaker on timely family law, estate planning, and probate issues. She is the co-editor of Volume 15, Chapter 2 of the Tennessee Practice Series on Separation and Marital Dissolution Agreements.
Clay Phillips, PhD MEDIATOR | TRAINER | BEHAVIOR EXPERT
Clay is a Tennessee Supreme Court Rule 31 Listed General Civil & Family Mediator (Specially Trained in Domestic Violence Issues). He is also a Florida Supreme Court Certified Family, Circuit Civil, and Appellate Mediator (#37581 FRA), and has been admitted as a Registered Mortgage Modification Mediator for the US Bankruptcy Court in the Northern, Middle and Southern Districts of Florida.
Since 2008, he has been an approved Tennessee Supreme Court Rule 31 Mediator Trainer, and an approved CLE Provider by the Tennessee Commission for Continuing Legal Education & Specialization.
Clay's mediation practice is comprised mostly of divorce, post-divorce, and Parenting Plan issues, as well as Personal Injury and other insurance claims disputes. In mid-2016 he made remote mediation a central part of his practice, catering particularly to Military families while deployed. Having mediated multiple cases in popular video conferencing platforms and experiencing common security and software challenges, he designed and had his own platform built (MediationSuites™) just for mediation and arbitration. Following the COVID19 pandemic, in April 2020 he began offering subscriptions to other mediators and has roughly 60 mediator/arbitrator subscribers in 11 US States, and four countries.
Clay holds Bachelor's and Master's degrees in Business Administration from Liberty University, and a PhD in Organizational Leadership from Northcentral University.
Clay served in the US Navy as a Cryptologic Direct Support Operator from 1984 to 1990. He deployed in that role to six surface and subsurface combatants, and one Joint Task Force Command.
He was qualified (SS) as a Submarine Warfare Specialist, and was awarded the Navy & Marine Corps Achievement Medal, Navy Meritorious Unit Commendation, Coast Guard Meritorious Unit Commendation (with "O" device), Navy Good Conduct Medal, Navy Expeditionary Medal, National Defense Medal, Coast Guard Special Operations Ribbon, Navy Sea Service Ribbon, Navy Rifle & Pistol Expert Marksmanship Medals, and various Flag Letters of Commendation.
Clay Phillips Mediation & Training is a Service Disabled Veteran Owned Small Business.
9:00am-12:00pm(includes CLE reporting fee to TCCLES)
Instructors available via Live Chat during the webinar.(includes CLE reporting fee to TCCLES)