Monthly Archives: April 2015

Can Mediation Really Work For Civil Cases?


If you are new to the concept of civil mediation, you should know how the process unfolds in order to determine whether it is the right fit for you. In this process, you might choose to represent yourself in the actual hearings or you might determine that it is a better idea to have an attorney with you during your Fort Smith civil mediation. The good news is that you can be successful with either arrangement, and mediation is flexible so that you can structure it according to your needs. Civil mediation sometimes begin with a joint session where both parties can present open statements. This is a helpful exercise for showing the mediator how each individual feels about the... Read More

How Is a Mediator Different From a Judge?


One common misconception when people think about mediation is that the mediator appointed to manage the case reviews the facts and renders a decision just as a judge would. That is arbitration, not mediation. This confusion might lead some people to avoid trying mediation when it would actually be a good way to resolve an ongoing legal dispute. The main purpose for having a neutral third party in the room during mediation is actually not to have someone to present your case to, but rather to have someone facilitating the conversation. Fort Smith mediation allows parties to negotiate effectively without feeling the need to become entrenched in a “position” (a response that is quite common in litigation). Allowing the mediation... Read More