Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In Arkansas, mediation is recognized as a valuable tool for dispute resolution in civil lawsuits. The process involves a neutral third-party mediator who assists the disputing parties and their attorneys in negotiating a settlement. Arkansas courts may order parties to engage in mediation before proceeding to trial. While mediation aims to facilitate a mutually agreeable resolution, parties are not obligated to reach a settlement. If the parties cannot resolve their differences through mediation, the case will continue to trial where a judge or jury will make the final decision. Importantly, under Arkansas law, communications during mediation are generally confidential and cannot be used as evidence in court, which encourages open and honest dialogue during the mediation process.