Mediation Practice Page

Fort Smith, Arkansas, Mediation Lawyer Focusing on Divorce, Contracts and Personal Injury

As an experienced trial lawyer, I know that the courtroom is not always the right place to resolve a dispute.  Sometimes mediation works much better. My experiences with it led me to train as a legal mediator so I could offer mediation services to my clients and the community.

How Does Mediation Work? 
In mediation (also called alternative dispute resolution, or ADR) both parties prepare ahead of time for a hearing with a mediator at which they present their perspectives and ideas for a fair resolution.  Everyone starts out around the same table, but parties can later move into separate rooms, with the mediator going between them. Mediators do not force their opinions on the parties. They listen to both parties and help them explore options and work toward a plan they can agree on.  

What Kinds of Cases Are Right for Mediation?
Mediation can work well in divorce and custody, contract, employment and personal injury cases when the goal is not so much a verdict of who is right or wrong but rather a solution that everyone can live with. In court you are limited by the laws of evidence, and custody and visitation decisions can seem like a one-size-fits-all result.  There are no such restrictions in mediation. The parties know their situation, and the role of the mediator is to help the parties sort things out.

Every attorney has had runaway clients who think a $500 fender bender is worth thousands of dollars, or a client that won't face up to the reality that they might lose at trial.  In personal injury cases, mediation works well when there is clear liability--no dispute whose car crossed the center line, no question that the surgeon operated on the wrong leg.  However, even in cases of contested liability, the parties can use mediation to explore ways to compromise a dispute.  A mediator can help the parties realistically assess their chances of winning and clarify what a successful outcome would look like. 

In family law cases, a divorce mediator can be successful if the former spouses are still able to converse and cooperate but have areas of concern, such as custody or visitation. The spouses need to be willing to focus on what is best for the children.

Mediation can be helpful in resolving disputes between employees and employers, and even matters between fellow employees.  A mediator can serve to make the parties feel that there is a level playing field, rather than an imbalance of power that exists between workers and their superiors. 

Mediation Has Many Advantages

1. Each person has more control over the situation and a voice in the process.
2. It is less expensive.
3. Timing is flexible: before a lawsuit is even filed or as a trial draws near.
4. It can be quicker. You can reach a final settlement without waiting months for a court date.
5. More options are available, and the solution is tailored to your individual circumstances.
6. The outcome is a plan that both parties agree on rather than an imposed verdict.

Putting My Experience to Work as a Mediator
Most of my mediation cases come by referral from the courts and other attorneys in western Arkansas, including Fort Smith, Van Buren and Sebastian, Crawford, Franklin and Scott counties. With my broad experience as a litigator, I know what normally drives people to litigation. During mediation, I look for sensitive spots and try to address them.  From experience I can point out options and reasons to settle without going to court. Please contact me to discuss your situation.

I represent people throughout western Arkansas, primarily in Sebastian, Crawford, Franklin, Logan and Scott counties.

Self Law Firm
8501 S. 28th Street
PO Box 180158
Fort Smith, AR 72908-8645
(479)649-0050
Fax: (479)649-9461
selflawfirm@juno.com