A mediation analysis concerning public schools in Shelby County, Tennessee has led federal judge Hardy Mays to conclude that additional mediation is preferable to a lawsuit in court.  At issue is the consolidation of the two public school systems in the county.  Unlike many cases recommended for public policy mediation, this educational dispute has eight different sides vying to control the process or details of the consolidation.

Mediation Analysis of Schools Case

Mays ruled in early August this year that the school consolidation was legal and could commence as early as the 2013-2014 school year.  This ruling was based on the Norris-Todd Tennessee state law on school consolidation, which Judge Mays upheld as part of his decision. 

The case needs further mediation because a 25-member countywide school board will need to be formed.  The different parties with interests in the schools need to come to an agreement about how the members of this board will be selected.  In the view of Judge Mays, education mediation is the ideal way to resolve this issue.  “You could resolve this,” Mays announced to the attorneys representing various sides of the case.  “My experience is courts are terrible places to make public policy.  … I would encourage settlement.”

An outside mediation attorney was appointed in May to help the parties reach a settlement, but the judge later announced that he would personally attempt to help to help them mediate their differences.