The case was headed toward a familiar ending. Two parents stood in a Hamilton County courtroom, their dispute hardened by months of frustration and fear. The mother had filed motion after motion, trying to regain access to her child while navigating a legal system without an attorney. She also was battling a substance-use disorder. The father, meanwhile, had drawn firm lines. He wanted structure, accountability and assurance that his child would be safe.
As they prepared to set a trial date, the case seemed poised to follow the familiar path – more time, more expense and more strain on an already fractured family. Instead, something unexpected happened.
A Rule 31 mediator, present in the courtroom as a volunteer, offered to step in through a little-known program called Courthouse Indigent Mediation Services.
What followed was a conversation instead of a verdict.
By the end of the day, the parents had reached an agreement. The father secured the structure he needed, including safeguards tied to the mother’s treatment and recovery. The mother gained something she had been unable to achieve through filings alone: a clear path back to parenting time.
“If the case had gone to trial, the judge likely would have reached a fair result,” says East Ridge Municipal Court Judge Tracy Cox, who now coordinates CIMS. “But it would have taken much longer and it might not have happened that day.”
The resolution didn’t come from the bench. It came from a process designed to work alongside it, one that’s redefining how some cases are resolved in Hamilton County.
Justice beyond the bench
CIMS operates on a simple premise: Not every dispute needs a ruling, and not every litigant can afford the tools that might help them secure one.
Mediation has long been a cornerstone of civil litigation. But for many people navigating the courts without attorneys – whether in General Sessions, Circuit or Juvenile Court – it has often remained out of reach due to cost. Without access to either legal counsel or mediation, many litigants move through the system alone, hoping for an outcome that ultimately leaves both sides dissatisfied.
CIMS was built to close that gap, Cox says.
The program connects indigent or unrepresented litigants with volunteer mediators, experienced attorneys and former judges who step into cases at the courthouse, often on the same day those cases are set for hearing. Judges first determine whether a case is appropriate for referral. If it is, Cox matches the parties with a mediator willing to serve on a pro bono or reduced-fee basis.
The result, Cox says, is another path to resolution.
“We want to make sure that the litigants themselves – the vulnerable members of the community who cannot afford mediation or legal representation – have a voice.”
In many cases, that voice is the difference between a ruling imposed and a resolution reached.
From crisis to concept
The roots of CIMS trace back to the early days of the COVID-19 pandemic, when court operations slowed but the disputes themselves did not.
Tenants lost income, landlords faced mounting losses and evictions loomed. The traditional courtroom model – a ruling issued from the bench – offered little flexibility in the face of widespread disruption.
“We can have a case in front of us and issue a ruling one way or the other, and when the parties leave the courtroom, they might both be worse off,” says Hamilton County Circuit Court Judge Alex McVeagh.
At the same time, attorneys and nonprofit leaders began asking a different question: what if the system could produce outcomes that worked for both sides?
Attorney Emily O’Donnell began outlining a framework for free legal assistance in eviction cases. Alexa LeBoeuf, then working in the nonprofit sector with a background in housing stability, joined as the idea took shape. Together with judges in General Sessions Court, they helped launch the Eviction Prevention Initiative, which connected tenants and landlords to legal support and funding resources.
The effort quickly evolved.
With a grant from the National Center for State Courts, Hamilton County launched the Eviction Diversion Initiative, moving cases out of the traditional pipeline and into alternative resolution processes. Mediation became central, allowing parties to negotiate payment plans, access rental assistance and avoid eviction.
“Landlords weren’t getting paid, and many tenants were out of work,” McVeagh says. “There were resources available, but most litigants simply couldn’t navigate them on their own. By the time they reached the courtroom, it was often already too late.”
Mediation introduced time and flexibility into a system otherwise bound by deadlines and legal thresholds.
“When parties were given the opportunity to mediate, they could often reach an arrangement,” Cox says. “One that gave them a little more time and a realistic path forward.”
Those early efforts laid the foundation for something broader.
Expanding the model
What began with eviction cases soon revealed a wider use.
Judges and program leaders began to see the same patterns in consumer debt disputes, small claims, construction conflicts and family law matters.
In each, the challenges were similar: litigants without attorneys, rigid procedures and outcomes that resolved the legal issue without addressing the underlying conflict.
“We quickly realized this could be useful beyond evictions,” McVeagh says.
Expanding the program required funding, coordination and a system to manage cases and volunteers. That structure emerged through the Chattanooga Bar Association and its nonprofit arm, the Chattanooga Bar Foundation.
Under the leadership of Executive Director Lynda Hood, the program secured funding through the Tennessee Bar Foundation, supported by interest generated from IOLTA accounts.
“The grant is really about moving beyond the early, foundational work and toward building capacity while demonstrating proof of concept,” LeBoeuf says. “At its core, it’s focused on staffing.”
That staffing included a dedicated coordinator, Cox, whose role has become central to the program’s success.
The work behind the scenes
Cox’s position sits at the intersection of law and logistics.
An experienced attorney with a background in legal aid and domestic practice, as well as a sitting municipal judge, she coordinates referrals, matches cases with mediators and works with judges and attorneys to keep the process moving.
“When I send a case to CIMS, I’ve already determined that these are parties who otherwise wouldn’t be able to afford mediation,” McVeagh says. “The judges vet the cases and refer them to Cox, who then connects them with our volunteer mediators.”
Matching the right mediator to the right case is critical. Chattanooga’s legal community has responded with strong participation, with seasoned mediators volunteering their time.
“What’s especially remarkable is the willingness of Rule 31-listed mediators here in Chattanooga to step forward and volunteer,” Cox says.
The model itself is unusual. In most settings, mediation takes place in private offices. CIMS brings it into the courthouse, making it available at the moment litigants need it most.
“On any given day, you can walk into one of these courtrooms and find a volunteer mediator present and ready to step in if a case is appropriate,” Cox says.
For many litigants, she says, the experience can be transformative.
“Many people don’t even know what mediation is,” Cox continues. “When it’s available, it gives them a real opportunity to take part in shaping the outcome.”
Measuring impact, building the future
Behind the scenes, the program is also building a system to track its impact.
LeBoeuf has helped develop a framework that captures case outcomes, participant experiences and mediator feedback. Surveys are accessible through QR codes, and case information is managed through a centralized platform that allows for conflict checks and documentation.
“Alexa understands how critical reporting is, not just for grantors but also for the community,” McVeagh says. “People need to be able to see the impact the program is making.”
That data will be key as CIMS moves into its next phase.
Hamilton County does not currently have a designated community mediation center. Program leaders see CIMS as a foundation for one.
Efforts are underway to establish the program as a certified Community Mediation Center through the Chattanooga Bar Foundation, a move that would open additional funding opportunities and formalize its role within the justice system.
The process includes developing policies, intake systems and governance structures that meet statewide standards.
If successful, the designation would position CIMS as a regional leader in alternative dispute resolution, an outcome that seemed unlikely just a few years ago, when the program existed only as an idea.
A resolution beyond the courtroom
In Sessions Court, another case illustrated the program’s potential.
A grandfather had filed suit over jewelry taken by his grandson, items with both monetary and sentimental value. The grandson had sold the jewelry to a pawn shop, triggering legal complications. Under state law, pawn shops must follow strict procedures before returning property, including requiring criminal charges.
Though he was the victim of a crime, the grandfather did not want to press charges, while the pawn shop could not simply return the items, leaving the case at an impasse. Through mediation, however, the conversation began to shift.
The grandson agreed to work and repay the funds his grandfather would use to recover the jewelry. The pawn shop cooperated, ensuring the items remained secure during the process.
The grandfather was able to reclaim what had been taken without pursuing criminal charges against a family member he’d raised like a son.
“It was a resolution that avoided criminal charges and worked for everyone involved,” Cox says.
It was also a resolution no judge could have ordered.
That’s the role CIMS fills: not replacing the court, but creating room for outcomes the court alone cannot always deliver.