FREQUENTLY ASKED QUESTIONS

WHAT IS MEDIATION?

• Mediation is communication.  More particularly, mediation is an opportunity for people with disputes or conflicts to communicate directly with one another, exercise their own choices, voice their ideas about the dispute and possible solutions, and to regain a sense of control over their lives.  The parties actively participate in the decision making process, with the assistance of the mediator, to identify what the disputes are, identify some potential solutions, and craft your own resolutions rather than have a stranger’s solution (i.e. a Judge or jury) imposed on them.  Simply put, mediation is an opportunity for people in a dispute to come to the table together, voice their concerns and ideas, and work toward resolving the dispute rather than oftentimes exacerbating it by getting further entangled in the legal process. 

CAN MEDIATION SAVE ME TIME AND MONEY?

• Simply put – yes.  The cost of a mediator is oftentimes born equally by the parties involved.  In other words, the people with the dispute are splitting the mediator’s fees.  Lawyers will charge hundreds of dollars per hour.  The typical hourly rate for a lawyer in Northwest Arkansas is at least $200.00 per hour.  If you have 2 people involved in the dispute, they are, together, spending around $400.00 or more per hour on legal fees.  Whereas, in a mediation setting, the cost of a mediator can range anywhere from $100 per hour to $200 per hour, depending on the experience of the mediator.   If this cost is split by the parties, the amount of money spent in mediation pales in comparison to the same amount of time both parties would spend sitting in their lawyers’ offices.     
• Mediation can also be much more time effective than the legal process.  As an example, in your typical lawsuit, a party files a lawsuit, serves the other party, waits for an answer to be filed to the lawsuit, and then, depending on the type of lawsuit involved, you are set out the Court’s calendar for anywhere from 60 days out to a year or more.  If you decide to mediate your case, you get on the mediator’s calendar at a mutually agreed upon time.  The amount of time that is spent in mediation is largely left at the discretion of the parties.  As soon as an agreement can be reached, the dispute can be resolved. 

DO I NEED A LAWYER TO ATTEND MEDIATION?

• The best decisions are educated decisions.  Therefore, it is always encouraged that all parties to a mediation obtain legal advice on the issues at hand prior to the mediation.  While it is not required, it is highly recommended.  It is very important for someone considering mediation to understand that the mediator may not, by law, give legal advice, even if the mediator is a lawyer.  The mediator’s role is to identify the issues, get communication moving on ways to resolve the conflict, and move toward agreeing on resolution.  It is not to inform the parties of what the law says.  So, the answer to this question is that you really should seek independent legal advice prior to attending mediation in order to make good decisions at the mediation.  Parties are always welcome to have their lawyers attend the mediation sessions.  While that is not necessary, it is oftentimes useful to the parties so that they can have any legal questions answered during the mediation. 

CAN A MEDIATOR GIVE ME LEGAL ADVICE?

• Absolutely not.  A mediator is prohibited by law from giving legal advice as part of a mediation.  This can be frustrating to persons attending mediation and the best way to avoid this frustration is to consult with your lawyer before the mediation to find out what the law says about your issue. 

WHAT KIND OF INFORMATION DO I NEED TO BRING TO MEDIATION?

• The best resolutions are thorough resolutions.  As an example, in a divorce mediation there may be issues related to division of marital assets or debts.  In order to have a thorough agreement, you should consider bringing any relevant information to inform the mediator as to what those assets and debts are.  If your dispute involves damages, any documentation you might have to establish what those damages are will help your mediator better understand your situation.     

HOW DO I GET THE MEDIATION PROCESS STARTED?

• Call the mediator and schedule an initial consultation to discuss the mediation process.  The initial consultation with Canova Mediations, Inc. is at no cost.   It is helpful if all parties in the dispute attend this consultation.