What are the Benefits of Mediation?

• Cost
• Time:
• All terms of the settlement agreement and any discussion that takes place during mediation are CONFIDENTIAL. ​
  • Arkansas Code Annotated 16-7-207 established mediation as a confidential process​ and prohibits mediators to share communications made during mediation with the court.
  • Exception: As a mandated reporter, if the mediator suspects there is an ongoing or recent child abuse and/or domestic abuse, then s/he will have to report it to the appropriate agencies. ​
• If the exception mentioned above does not apply, then the only type of report that the mediator would possibly make would be one to the court (if there is a court case open), which would include: (a) whether or not the mediation occurred or if it was terminated; (2) if a settlement was reached; and (3) who attended the mediation.
• Court cases are public record and can be easily located.
• You are an active participant in mediation, speaking on your own behalf.
• Settlement Agreements, reached through mediation at The Delta Firm, are formalized in writing and signed by all agreeing parties, making it a legally binding and enforceable contract.
• If the parties do NOT reach an agreement, then they can still pursue traditional legal action as if the mediation never happened.

How Does a Dispute Wind up in Mediation?

• Party contacts the mediator to begin the process
• A Judge orders the parties of an ongoing case to attend mediation
• Referral by authorized agency
• Pre-dispute mediation clause that was previously agreed upon
• Requirement of the law
• Mediator Initiation

How Much Will Mediation Cost?

Prices vary depending on how long the mediation lasts. The new account fee is $150, and the cost of mediation is charged by the hour. Approximate Min: $350 (including new account fee) Approximate Max: $2,500 (including new account fee)

What if the Opposing Party Does Not Honor the Settlement Agreement?

Any party who does not abide by the settlement agreement from mediation can be sued for breach of contract by the other party. If the case is an ongoing court case, then the Judge may order the party to comply.

How Long Does Mediation Take?

Typically 3-4 hours Maximum 12 hours

If I have an Attorney, is Mediation still an Option?

Yes! Your attorney can attend the mediation or you can step out to call for your attorney's advice. You can talk to your attorney and request mediation.

What is Mediation?

Mediation is an alternative dispute resolution method in which a neutral third party facilitates and guides discussions among the parties to assist them in reaching a mutually acceptable resolution of the case.

What is the Mediator's Goal?

The Mediator will listen to each party’s perception of the dispute. After all of the parties have provided their opinions on the matter and what led the parties to mediation, the Mediator will create an agenda of topics that will be subject to discussions and negotiations throughout the mediation. The agenda, which will be given to all parties, will serve as a tool to track the progress of the negotiations and to keep everyone on task. The Mediator will help the parties identify the underlying interests, provide communication tools that will assist the parties in future matters, and will provide the parties with settlement options.

What is Arbitration?

Arbitration is a non-judicial proceeding, a form of alternative dispute resolution, in which a neutral third-party presides over a mini-trial, hears all sides of the dispute, and provides a ruling at the end of the arbitration.

When Can a Dispute be Resolved Through Arbitration?

A dispute may be resolved through arbitration in the following circumstances: - All parties voluntarily agree to attend arbitration; - The parties entered into a contract that contained an arbitration clause, which required any disputes of the contractual terms to be resolved through arbitration; - State or federal law requires arbitration.

How Much Does Arbitration Cost?

- Per Day: $1,500.00 Under the American Arbitration Association (AAA), the average daily cost of an arbitrator is $1,500. The amount is due after the hearing, which is typically 1 to 2 days. - Filing Fee: A nonrefundable $200.00 filing fee is due in full at the time of scheduling the preliminary hearing.

What is the Arbitrator’s Role?

- Set the agenda of matters to discuss; - Direct the parties when to present their statement and evidence on each topic; - Coordinate breaks as needed;

What is the Arbitration Process?

Complete the “Request for Arbitration” Form Present Your Case (in person, online, or by document submission) - The Claimant (person who requests arbitration and files the claim) must explain the circumstances of the dispute at the beginning of arbitration, which requires the claimant to produce evidence to support your claim and why you are entitled to relief. Testimony of an expert witness is permitted as evidence. - The Respondent (person who is being accused of fault) must explain why the Claimant is not entitled to relief, by providing evidence to support their response. Ruling Will Be Delivered: within 30 days of the arbitration’s last day (if in person or video conference), or within 14 days if the case is a documents only procedure.