Business Lawyer Providing Mediation Services
Traditionally, disputes between businesses have involved protracted courtroom litigation, with teams of lawyers on both sides spending exorbitant amounts of money. Even “winning” a dispute like this can be catastrophic for a business’s bottom line. But it does not have to be this way. Mediation is an alternative to traditional litigation that provides tremendous benefits for everyone involved.
Attorney James F. Gramling, Jr., of Gramling Law Firm, PLC, provides mediation services for clients in Jonesboro and throughout the surrounding areas of Arkansas. He has been practicing law in this area since 1997, and he is certified by the Arkansas Alternative Dispute Resolution Commission for general civil mediation, probate and family law mediation. The firm can provide a neutral facilitator or representation for business entities entering into mediation.
What Is Mediation?
Mediation is best understood in contrast to courtroom litigation. In litigation, there is a judge and possibly a jury. Each party brings evidence and testimony against the other party in an attempt to win as much as possible. The entire process is adversarial.
In mediation, the process is meant to be more collaborative rather than adversarial. Both parties meet in sessions without a judge or jury (though the parties can be represented by their own attorneys in mediation), and they try to negotiate a solution to the dispute that both parties can agree to.
Advantages Of Mediation
The most important advantage of mediation is its efficiency. Parties do not have to wait for courtroom availability and the extensive periods of discovery that occur in traditional litigation. Further, the financial expenses can be kept to a minimum in mediation.
Another benefit of mediation is the control both parties have. Litigation is set in stone, procedurally, and the outcome is determined by a judge and jury. In mediation, the two parties meet and find resolution together in a procedure that works best for their specific needs.
Frequently Asked Questions About Mediation In Arkansas
Using mediation to resolve your business disputes can protect your reputation and limit costs. Below, Mr. Gramling speaks to some of the most common concerns about mediation to help guide you in moving forward.
Is mediation a legally binding process?
No, mediation is not legally binding as a process, but the agreement signed at the end is binding. Either party can walk away from mediation if it becomes clear that the other party did not enter the process in good faith or there is a significant breakdown of communications.
If mediation is successful, the terms reached as a solution to the business dispute become part of a written agreement that you and the other party sign. It may require review and approval of an Arkansas civil court judge, depending on the circumstances. The document is legally binding, which means that both you and the other party have an obligation to uphold the terms that you set. If you do not reach an agreement, you may need to explore other options for resolving the dispute.
What is the typical timeline for Arkansas business mediation?
Mediating a business dispute can require anywhere from one day to several months. The process of preparing for mediation can add several weeks to the timeline, as both parties may need to review the dispute and any relevant documentation with an attorney before the first session. The parties exchange information about their positions and expectations, which can expedite mediation when everyone meets face-to-face.
In cases where the dispute is straightforward and both parties are eager to resolve the matter quickly, a single mediation session may be sufficient to find a workable compromise. Other times, the parties may need time to gather evidence, consider discussions from prior sessions and meet multiple times to reach an agreement. The nature of the dispute and the schedule of the parties involved can also have an impact on the overall timeline for the mediation process.
Can businesses still litigate after attempting to mediate a dispute in Arkansas?
Yes, you can typically file a lawsuit if mediation is not successful. If you are subject to a contract that requires alternative dispute resolution before litigation, attempting at least one mediation session may be necessary before you have the option of pursuing litigation in civil court. If you signed a binding agreement at the end of the mediation session, the terms set in the agreement may make a lawsuit unnecessary or may even prohibit you from taking legal action.
Discuss Your Mediation Needs With An Experienced Lawyer
If you are a business owner or executive facing a commercial dispute, discuss mediation with an experienced lawyer. Call 870-497-1994 or fill out the online contact form to schedule a consultation.