Mediation

Family Matters
Elderly Care 
Probate Disputes
Civil Claims

Resolving your dispute through mediation means you are: 

  • In control of the outcome; 

  • Protecting your privacy; 

  • Negotiating with the guidance of a trained Mediator; 

  • Save the money you would have spent filing a lawsuit (court costs and attorney fees); and

  • Closing the chapter of conflict and able to move on with your life. 

"How do I know if my dispute can be mediated?" 

The Delta Firm mediates disputes, including but not limited to:  

  • Domestic Relations: 

    • Divorce, property distribution, co-parenting plans, custody, child support, visitation, family disagreements, blended family transitional disputes, etc.

  • Probate:

    •  Disputes between beneficiaries, disputes between family members or other interested parties about a probate matter, etc.

  • Civil: 

    • ​Disagreements or disputes between neighbors, landlord and tenant(s), employer and employee(s), etc. 

Mediation

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?


  • An individual contacts the Mediator to request that the other parties be contacted (and asked to attend mediation) and the Mediator sets a date;
  • A Judge orders parties to attend mediation;
  • A party of an ongoing court case requests that the court permits and orders the parties to attend mediation; or
  • Parties signed a contract before the dispute occurred, which included a mediation clause.




How Much Will Mediation Cost?


Our hourly rate for mediation is $150, split between the parties or split as the court has ordered. Four hours ($600) must be paid before mediation begins. If your mediation takes less than four hours, the remaining balance will be refunded to you. Mediations typically last between 3 to 12+ hours, depending on the complexity of the situation and the number of involved parties.




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


Any party who does not abide by the settlement agreement from mediation may be sued for breach of contract by the non-breaching 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 with you (virtually, by phone, or in person) If you have already filed a lawsuit, you ask your attorney to request mediation as well.




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?


Our Mediator's goals include the following: 1) to provide a comfortable environment, 2) listen to each party's point of view, 3) to guide the parties' discussions in a structured manner (an agenda) while utilizing de-escalation techniques as needed, and 4) to assist the parties to reach a resolution.





Arbitration

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?


Arbitration costs a minimum of $1,500 (the daily fee for arbitration). $1,500 must be paid before the date of the Arbitration, is non-refundable, and will cover the first day of arbitration. Per Day: $1,500.00 According to the American Arbitration Association (AAA), the average daily cost of arbitration is $1,500.




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; and - Determine and direct the parties to abide by the terms of the Arbitrator's ruling.




What is the Arbitration Process?


Complete the “Request for Arbitration” Form -Present Your Case (in person, online, or by document submission) - The Claimant (person requesting arbitration) must explain the circumstances of the dispute at the beginning of arbitration, produce evidence, and why s/he entitled to relief. Also, testimony of an expert witness is permitted as evidence. - The Respondent (person responding to the claimant's request for arbitration) 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 via Zoom), or within 14 days if the case is a documents only procedure.