What is the role of the court when an alternative dispute resolution process is used?

In Arkansas, the court will always be involved when utilizing alternative dispute resolution methods, such as mediation, arbitration, settlement conferences, or collaborative law. The court is there to ensure the process is followed and the parties’ rights are respected. The court will appoint a neutral third party to mediate or arbitrate the dispute. This person is responsible for helping both parties come to an agreement that is acceptable to all involved. The mediator or arbitrator may allow parties to argue their cases, present evidence, or propose solutions. The court will also provide guidance on how to proceed with a settlement conference or collaborative law. This will usually start with the parties submitting written statements to the court outlining their positions. The court will then provide instructions on how to move forward with the process. Depending on the situation, this could include a settlement conference, meetings between attorneys, or court proceedings. The court also plays an important role in the enforcement of any agreements made through the alternative dispute resolution process. The court will review the agreement, decide whether or not it is legally binding, and register it with the court. This ensures that the agreement is enforceable and both parties must abide by it. Ultimately, the court’s role in alternative dispute resolution is to ensure that the process is conducted properly and that the rights of all involved are respected and upheld.

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What is the role of the court when an alternative dispute resolution process is used?

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