Category Archives: General

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

Do I Need a Lawyer if I Choose to Mediate?


Although lawyers can be helpful for providing you specific legal advice during the course of the case, many people choose to go without them during the process of mediation. One of the primary reasons for this is that you will be working directly with a Fort Smith mediator who has experience in your specific kind of dispute. A lawyer can ask the adversarial nature of the conflict, so many cases both parties to a dispute will choose not have attorneys present. This allows you to focus on resolving the issue at hand and cooperating with your Fort Smith mediator and the other party to the dispute. Since you are trying to work together to solve issues, rather than trying to... Read More