FAMILY & CIVIL MEDIATION

Conflict is sometimes unavoidable. Mediation can be an effective alternative for transforming and resolving that conflict.

What It Is:

Mediation is a non-adversarial process in which disputing parties work together with a neutral third party (mediator) to find a resolution to their dispute. The objective of mediation is to encourage and facilitate a mutually acceptable agreement between the parties that is based on their own self-determined needs, interests, and values.

How It Works:

During the mediation process, the disputing parties meet together with the mediator who helps them clarify their issues and work out an equitable resolution that reflects their respective needs and goals. The parties usually meet with the mediator one or more times at the mediator's office or other location. During the mediation, the mediator may ask questions and/or suggest alternatives, but the parties themselves create their own agreement. The parties are under no obligation to come to agreement, but frequently they do.

In Arkansas, a mediator may also be a licensed attorney. However, during the mediation process, an attorney acting as a mediator may not give either party legal advice. He or she may give only information. Generally, the parties are represented by counsel prior to entering mediation and each party has an absolute right to consult with their attorney during the process and to have their attorney present at the mediation negotiations if they so choose.

Getting to Mediation: Mediation can come about in different ways:

• Court referral or court order mandating mediation.

• The attorney(s) for the parties may suggest mediation, if they feel it is a case appropriate for mediating.

• The parties themselves may request that their attorney(s) set up a mediation.

• Other parties seek out mediation prior to hiring a lawyer or filing a lawsuit.

Advantages to Mediation:

• Can be an effective and economical alternative to litigation.

• Parties' privacy may be better maintained by resolving matters outside of the courtroom.

• Parties make their own decisions rather than a judge or jury.

• Can be undertaken at almost any point in the litigation process, even prior to filing a lawsuit or a divorce complaint.

• Disputes can often be resolved more quickly outside the litigation process.

• Parties have reported a high degree of satisfaction with the outcome of mediation.

• Mediation is suitable for a wide range of legal matters.

Contacting Us About Mediation:

Please contact Barbara E. Lingle at 479-636-7899 or at barbara@linglelaw.com with your questions or for more information about mediation.

Barbara is a licensed attorney who now devotes her practice to mediation. She has over 100 hours of training in mediation and conflict resolution, including completing the Arkansas Alternative Dispute Resolution Commission’s training for basic mediation and family mediation. She also holds a master’s degree in Communication.