2010 Tennessee Code
Title 16 - Courts
Chapter 20 - The Victim-Offender Mediation Center
16-20-102 - Operation by a corporation.

16-20-102. Operation by a corporation.

(a)  A victim-offender mediation center may be created and operated by a corporation organized to resolve disputes. The corporation shall not be organized for profit and no part of the net earnings may inure to the benefit of any private shareholders or individuals. The majority of the directors of the corporation shall not consist of members of any single profession.

(b)  To be eligible for funds under this chapter, a center must do the following:

     (1)  Comply with this chapter and the rules adopted by the supreme court of Tennessee;

     (2)  Provide neutral mediators who have received training in conflict resolution techniques in accordance with rules of the supreme court;

     (3)  Provide victim-offender mediation in felony, misdemeanor and juvenile delinquent cases without cost to the participants;

     (4)  Provide dispute resolution services to the community on a voluntary basis; and

     (5)  At the conclusion of the mediation process, provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.

(c)  Each center that receives funds under this chapter must:

     (1)  Be operated by a grant recipient;

     (2)  Be operated in compliance with rules adopted by the supreme court;

     (3)  Be operated under a contract with the administrative office of the courts (AOC); and

     (4)  Comply with this chapter.

(d)  (1)  Funds available for the purposes of this chapter may be allocated for services provided by eligible centers.

     (2)  A center applying for funding is to include the following information in its application:

          (A)  The cost of operating the center, including the compensation of employees;

          (B)  A description of the proposed area of service and number of participants expected to be served;

          (C)  Proof of nonprofit 501(c)(3) status;

          (D)  A charter of incorporation; and

          (E)  Evidence of support of criminal justice agencies to make referrals.

(e)  The AOC may accept, apply for and disburse public or private funds for the purposes of this chapter.

(f)  (1)  The comptroller of the treasury or the comptroller's authorized representatives may inspect, examine and audit the fiscal affairs of local programs or centers.

     (2)  Centers must, whenever reasonably possible, make use of public facilities at free or nominal cost.

(g)  A center operated under this chapter is not a state agency or an instrumentality of the state. Employees and volunteers of a center are not employees of the state.

(h)  (1)  A center that receives funds under this chapter must annually provide the AOC with statistical data regarding the following:

          (A)  The operating budget;

          (B)  The number of referrals, categories or types of cases referred;

          (C)   The number of parties serviced;

          (D)  The number of disputes resolved;

          (E)  The nature of the resolution, amount and type of restitution to the victim or community, or both; and

          (F)  Rates of compliance.

     (2)  The data shall maintain the confidentiality and anonymity of all mediation participants.

[Acts 1993, ch. 420, § 2.]  

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