Do the parties need to be represented by attorneys during an alternative dispute resolution process?

In Arkansas, the answer to whether the parties need to be represented by attorneys during an alternative dispute resolution process depends on the type of process being used. For mediation and settlement conferences, a party may choose to have an attorney represent them, but it is not required. Mediation and settlement conferences usually are informal processes in which the parties discuss the dispute with the help of a neutral mediator. Attorneys are allowed to attend, and they may provide guidance to their clients during the process. On the other hand, if the parties choose to pursue arbitration, then it is likely that they will need to be represented by attorneys. This is because arbitration proceedings tend to follow more formal court rules and procedures. The attorneys involved in the arbitration will help to ensure that their clients’ rights are protected, that the rules are followed, and that evidence is presented in a manner that is acceptable to the arbitrator. In Arkansas, the parties to a dispute have the option of choosing an alternative dispute resolution procedure. Regardless of the type of procedure they choose, it is often in the parties’ best interest to consult with an attorney to discuss the details and ramifications of the process.

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Do the parties need to be represented by attorneys during an alternative dispute resolution process?

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