Arkansas Motion to Refer Case to Mediation

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02642BG

Format:

Instant download

Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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How to fill out Motion To Refer Case To Mediation?

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FAQ

A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator's role is, rather, to assist the parties in reaching a settlement of the dispute.

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.

The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

The court carefully noted however, that there may be other means for courts to enforce contractual mediation clauses: Nor do we hold that agreements to mediate are per se unenforceable. They might be specifically enforceable in contract or under other law; that issue is not before us.

WHAT AUTHORITY DOES THE COURT HAVE TO ORDER A CASE TO MEDIATION? Arkansas Code Annotated §16-7-202(b) authorizes the circuit and appellate courts to order any civil, probate, domestic relations, or juvenile case to mediation.

The role of the mediator is as a neutral party who will assist and encourage the parties to make informed and voluntary decisions that can lead to settlement. The mediator is not an authority of fact or law in the session. All settlement decisions are to be made by the parties, not the mediator.

The mediator has no power to make decisions. The dispute is settled only if all of the parties agree to the settlement. Mediation focuses on the interests and needs of the people involved rather than just what they say they want. Interests are the key to every dispute.

Arkansas Motion to Refer Case to Mediation

Description

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How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

Can a mediator force an outcome?

Can mediators determine the outcome of a mediation?

What is an ADR motion?

Can mediators impose a decision on the case?

Do courts enforce mediators decisions?

What is the Arkansas Code annotated 16 7 202 B?

How does mediation work in Arkansas?

Can a mediator render a decision?

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Arkansas Motion to Refer Case to Mediation

Description

Related forms

Viewed forms

How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

Can a mediator force an outcome?

Can mediators determine the outcome of a mediation?

What is an ADR motion?

Can mediators impose a decision on the case?

Do courts enforce mediators decisions?

What is the Arkansas Code annotated 16 7 202 B?

How does mediation work in Arkansas?

Can a mediator render a decision?

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