Alternatives to Litigation: Mediation
Learn how mediation might be the right option for your personal injury case.
At Wallentine Injury Law, we prioritize our clients’ best interests. This means following through and assisting with whatever resolution option you may choose. While our team has extensive courtroom experience, we are equally skilled in alternative dispute resolution. Explore how mediation could be a strategic option for your Kansas personal injury case and how Wallentine Injury Law can assist in the process.
What is Mediation?
Mediation is a flexible dispute resolution process where a neutral third party facilitates negotiations between disputants to produce a mutually accepted solution to their differences. It is a type of alternative dispute resolution (ADR) utilized in law instead of the common practice of litigation. As in a settlement, you get to be directly involved in the process of coming to an agreement with the other side; however, an impartial facilitator is involved to guide the discussion.
Attorney Jerry Wallentine recently spoke with Fox 4’s Great Day KC about the mediation process at Wallentine Injury Law. Watch the video below to learn more about mediation and if it is the right opportunity for your personal injury case:
Mediation in Kansas
Specific rules, laws, statutes, and policies concerning mediation vary by state. Our attorneys at Wallentine Injury Law are highly conscious of all updated statutes and other rulings to give you a professional legal experience. The following outlines primary Kansas rulings related to mediation:
- K.S.A. 23-3501 – Defines mediation
- K.S.A. 23-3502 – Appointment and qualifications of the mediator
- K.S.A. 23-3503 – Duties of the mediator
*Note: This is not a complete list.
When Should I Use Mediation?
As previously noted, the legal team at Wallentine Injury Law is fully equipped and ready to take personal injury cases to trial. In many situations, pursuing a trial can lead to larger compensation awarded by a judge or jury. So, you might be thinking- why consider mediation instead?
Mediation can be a strong alternative to litigation when flexibility, cost-efficiency, and timeliness are priorities. If you have limited resources and desire more control over the outcome of your case, mediation offers a more collaborative path to resolution. In addition, mediation avoids the uncertainties and potential delays of a courtroom trial. More specifically, mediation may be especially beneficial in situations when:
- Parties have strained relationships that must continue
- Parties are having difficulty resolving the dispute
- Parties have poor conflict resolution skills
- Parties are resistant to confrontation
- Strong psychological or relationship barriers are present between the parties
- Parties would be unwilling to meet face-to-face otherwise
- The preservation of a working relationship between the parties is important
When Should Mediation Not Be Used?
Mediation can provide a quick and cost-effective resolution to your personal injury case, but there are instances when it’s not the best fit. At Wallentine Injury Law, we’re here to provide informed guidance on whether mediation is suitable for your specific situation. In addition, you can personally take a look at the list below to help determine if any of these circumstances apply to your case. Mediation may not be appropriate or effective in the following instances:
- Your case involves a traumatic accident. When your personal injury case involves a tragic accident resulting in severe injuries, mediation may not be the best path forward. In these cases, you understandably may be unwilling to accept anything less than full and fair compensation. With the support of an experienced trial attorney, pursuing your claim in court may offer a greater opportunity to recover the full value of your damages.
- There is mutual resentment present between the parties. For mediation to be effective, both sides must be willing to set aside feelings of anger. If parties are unsuccessful at taking this neutral approach, negotiation of a settlement will not be achievable.
- Your mediation is an obligation. Mediation is never mandatory, unless ordered by a judge. Typically, a settlement between parties will not be reached if even one party is only doing so as part of a requirement.
- You have unrealistic expectations or conflicting goals. It’s important to remember that mediation is designed to help both parties reach a mutual agreement, not just to serve one side’s interests. For the process to be effective, you should enter negotiations with realistic expectations and a willingness to find common ground that aligns, at least in part, with the opposing party’s goals.
How Does Mediation Work?
Mediation is much less formal than a typical court hearing; however, it still has formal processes and procedures that must be followed. Once connected with an official mediator, as assigned by your Kansas personal injury attorney, the mediation process can start. Mediation usually begins with joint sessions between parties and is followed by a private caucus for each party. The framework of mediation routinely observes the following procedures:
- Mediator’s opening- Introduces everyone present and the distinct rules that must be followed.
- Disputing parties’ opening- In this statement, each party has the opportunity to share its side of the dispute without interruption. In addition, they can share their opinions or feelings related to the dispute.
- Joint discussion- After each side presents its case, they are joined together in discussion. The purpose of a joint discussion is to better understand the opposing party’s needs and concerns. The mediator translates statements and feelings between parties because they often have a difficult time listening to one another.
- Private caucuses- Now, each side has the opportunity to discuss the case privately with the mediator. During this time, the mediator moves back and forth from each party to exchange offers.
- Joint negotiation- Although not always a step in the process, the mediator will typically bring the parties back together to negotiate a settlement in the core interest of all involved.
- Closure- Once disputants reach an agreement, the mediator drafts the main provisions in writing for all parties to sign. If they were unable to reach an agreement, the mediator would sum up the conversation and discuss further mediation practices or advise a non-settlement alternative, such as litigation.
Mediation Preparation
As with any legal agreement, thorough preparation is essential to achieving a successful outcome in mediation. The attorneys and paralegals at our firm will handle almost all preparation leading up to your mediation; however, there are some key things for you to understand in order to produce an advantageous outcome.
First off, it is encouraged to go into mediation without absolute expectations of the results. Because mediation is a negotiation between two parties, you cannot predetermine your bottom line, or else you may experience disappointment. In addition, preparing for mediation should include a thorough evaluation of dispute issues that are important to you. Know the issues and how they relate to your values so much so that opposing arguments do not shake your perspective. Lastly, make sure to prepare for other legal resolutions in case a settlement is not reached. Thinking through whether or not you want to pursue litigation is important to know in advance.
Mediation With a Trusted Legal Team
If mediation sounds like the right path for your personal injury case, contact Wallentine Injury Law today. With years of experience guiding clients through the mediation process, our Kansas attorneys can connect you with a qualified mediator. From start to finish, our legal team will be with you to provide knowledgeable advice and compassionate care for a smoother recovery journey. Contact us now to pursue justice and the compensation you deserve.
