Lenders have traditionally included jury waiver provisions as a standard provision in their loan documents. Over the last few years, a number of states have held that borrowers cannot waive their constitutional right to a jury trial prior to litigation, essentially negating the effect of any waiver provision included in the loan documents. However, the Tennessee Court of Appeals recently determined that pre-dispute jury waivers are enforceable in Tennessee and provided guidance as to the necessary requirements for making these provisions enforceable.