Alternatives to Litigation: Mediation
When a trial isn’t the best path forward for your injury case, let mediation be an option you consider.
If you’ve been injured at the expense of someone else in Missouri, let Wallentine Injury Law be your trusted team to guide you in the process of legal action. With decades of combined legal experience, our team has handled nearly every type of personal injury case, and we’re prepared for whatever challenges your case may bring. Our firm prides itself on putting clients’ recovery needs first while simultaneously pursuing justice for their case. Wallentine Injury Law is knowledgeable and prepared to take your case to trial; however, we are also well-versed in alternative dispute resolution (ADR), including settlements and mediation. Explore how ADR, specifically mediation, can be a strategic option for settling your case in Missouri and how Wallentine Injury Law can be a resource along the way.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) used in personal injury law instead of litigation. Mediation is not a resolution specific to just personal injury, but is used in almost all areas of law, including most commonly in business, commercial, civil, real estate, and construction. As an exact definition of mediation, the Missouri Supreme Court states, “a process in which a neutral third party facilitates communications between the parties to promote settlement.” In mediation, a mutually accepted resolution is brought about by a mediator who focuses on addressing, communicating, and meeting both parties’ needs. Because mediation is less formal than a court setting and both sides get to actively participate in the negotiation, it is a more flexible dispute resolution option.
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:
Benefits of Mediation
At Wallentine Injury Law, we have extensive experience taking personal injury cases to trial, and most often find that more compensation is granted in these instances. Nonetheless, we understand that not all of our clients have the same needs or resources to pursue personal injury litigation, and that is why we recommend mediation as an ADR. Ways that mediation can be beneficial include:
- Flexible process- Because mediation is less formal than a strict court setting, it offers more flexibility for all parties involved. Missouri courts use general standards for all hearings that may not address and/or meet all parties’ needs accordingly. Mediation maintains structure while allowing flexible communication and inclusive participation.
- Time-saving- Personal injury litigation can take months or even years to resolve due to complicated liability issues, insurance disputes, and ongoing medical treatment. Although mediation does not offer an instantaneous resolution to your case, it can significantly shorten the length.
- Cost-efficiency- As expected, with a shorter case comes lower costs. Courtroom trials can become extremely expensive, making mediation an advantageous alternative for clients with limited financial resources. At Wallentine Injury Law, however, you won’t pay a dime unless we win your case.
- Dual-sided participation- In court, a judge and jury ultimately decide the fate of your personal injury case. Based on the evidence presented, it is highly likely that at least one party will not agree or be happy with the outcome. In mediation, both parties get to be actively involved in reaching a settlement agreement, typically meaning mutual satisfaction and alleviation of any risky or unexpected resolution.
- Participants learn conflict-resolution skills- Since both sides are involved in negotiation, they learn proper conflict-resolution skills that involve communication, listening, and maintaining composure. Education on these topics can help prevent future litigation and issues from occurring.
Mediation in Missouri
Despite the fact that mediation is handled rather similarly across the United States and in Missouri and Kansas, most states have their own specific rules or statutes related to ADR to provide clear guidance. Wallentine Injury Law has licensed attorneys in both Missouri and Kansas; therefore, we are informed about these states’ procedures. Rule 17 of Missouri’s Supreme Court Rules outlines customs governing the Missouri Bar and the Judiciary regarding Alternative Dispute Resolution. Some of the key points of Rule 17 include:
- 17.01(a)- Any judge by order or any judicial circuit by local court rule may authorize an alternative dispute resolution program as a different mechanism for civil dispute resolution. Supreme Court Rules 88.02-88.08 list exceptions to this rule.
- 17.01(b)- Alternative dispute resolution programs can include arbitration, early neutral evaluation, mediation, mini-trial, and summary jury trial.
- 17.01(c)- Each Missouri circuit is encouraged to develop other ADR programs that better align with their circuit or community.
- 17.01(d)- All ADR processes are non-binding unless parties have a written agreement.
If you are interested in learning more about specific rulings relevant to mediation, both nationally and in Missouri, our experienced attorneys are here to guide you through the process and provide informed, personalized advice.
How Can an Attorney Help in a Missouri Mediation?
After exploring mediation, it might seem like an attorney isn’t needed in the mediation process; however, this is highly inaccurate. Mediation is an operation that occurs between three parties: the two disputants and the mediator. An attorney doesn’t act as a fourth party, but instead joins your party as a well-informed and experienced teammate, ensuring proper resolution for your Missouri personal injury case. Fundamental areas of mediation that obtaining a personal injury attorney can aid in include:
- Procuring an experienced and professional mediator- Wallentine Injury Law has vast experience with mediation, including securing a million-dollar agreement. We have strong relationships with the top mediators in the greater Kansas City area and will make sure your case is entrusted to the right professional.
- Preparing for mediation- An attorney will set you up for success going into mediation by helping you outline your specific needs, address issues, and gather evidence.
- Acting in your best interest- An attorney will know and understand the resolution you seek; therefore, they will act in accordance with these intentions while dealing with the mediator, including informing the mediator of any special needs you may have in the case.
- Understanding proposals- Attorneys regularly review legal agreements and can help you clearly understand the risks and benefits of any proposal made during mediation. They ensure you don’t agree to terms that fall short of your expectations for resolution.
- Following up with the agreement- If a settlement agreement is reached during mediation, an attorney will follow up with all parties to ensure you receive the compensation agreed upon.
Mediation with Wallentine Injury Law
As one of many ADR processes, mediation is an auspicious option if you wish to avoid personal injury litigation. Typically, the details of your personal injury case determine your best course of action in pursuing justice. Wallentine Injury Law is a compassionate and trusted legal team in Missouri that wants to support your personal injury case in whatever capacity is necessary, including mediation. Contact Wallentine Injury Law today to begin your healing journey and receive maximum compensation after an accident.
