What is the process of mediation?

Mediation is a type of alternative dispute resolution (ADR) law that is commonly used in Arkansas. It is a process in which a third-party mediator helps both sides of a dispute come to an agreement. The mediator does not make a decision on the outcome of the dispute; instead, they provide a neutral platform for both parties to discuss their individual positions and explore potential solutions. The mediation process typically begins with an introductory session where the mediator will explain the ground rules and the overall goal of the mediation. Both parties will then have a chance to voice their individual positions. The mediator may then help both sides further articulate their positions, assist them in understanding each other’s perspectives, and explore potential solutions to the dispute. During this process, the mediator will keep communications and negotiations confidential. Once a mutual agreement is reached, the mediator will put it in writing and both parties will sign it. This agreement is legally binding and is also enforceable by the court. If the parties cannot come to an agreement, the mediator will adjourn the mediation and the parties are free to pursue their claims in court. Overall, mediation is a cost-effective and informal way to resolve disputes in Arkansas. It is less adversarial than traditional legal proceedings and can help both parties reach a mutually beneficial agreement.

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