Kansas City Area Mediation Lawyer
Missouri and Kansas Mediation Attorney
Not all mediations are alike, and it will be necessary to discuss the unique facts and circumstances of your particular case in the context of mediation. Mediation is widely used to resolve many different types of disputes in business. Employment mediations are often used to attempt to settle all types of disputes, including sexual harassment claims, employment discrimination or other personnel issues.
Do not hesitate to contact The Law Office of Rodney K. Murrow, P.A., with any questions you may have regarding mediation. Attorney Rod Murrow can represent you in an employment mediation and is a skilled mediator who can help small businesses try and resolve a wide variety of disputes.
Mediation is a voluntary process designed to help the parties to a dispute reach an agreement. The mediator cannot issue an “order” or “make” anyone do anything. Everything about mediation is voluntary. However, if the case does settle, the settlement agreement is a legally enforceable, binding contract that the parties must comply with. Also, nothing that is presented or said in mediation can be used in court if the mediation fails and the mater proceeds to litigation.
The mediator helps both parties work toward a resolution that is acceptable to both of them. The mediator is neutral and doesn’t represent either party. The only evidence is whatever information the parties choose to share with each other and with the mediator.
While there are some variations, here is a basic outline of a typical mediation:
- Joint Session: Mediation typically begins with what is called the “joint session.” In the joint session, both parties, and their attorneys if they are represented, are present in the same room with the mediator. The mediator typically begins by discussing his or her background and experience, describing the process, discussing the case in broad terms and setting the right tone by attempting to reduce the natural tension and animosity that sometime exists between parties in a dispute.
After the mediator speaks, each party has an opportunity to make a statement. The mediator may, or may not, ask questions of the parties during the joint session.
- Individual Session: Once the party’s statements, if any, are concluded, the joint session ends and the individual sessions, also called a “private caucus” or “private session,” begin. The parties separate into different rooms with their respective attorneys, if any. These sessions are the heart of the mediation.
In the private sessions, the parties share all their information with the mediator with this very important rule: THE MEDIATOR IS REQUIRED TO KEEP THIS INFORMATION STRICTLY CONFIDENTIAL AND IS NOT ALLOWED TO SHARE ANY OF THE INFORMATION WITH THE OTHER SIDE EXCEPT THAT WHICH THE PARTY EXPRESSLY AUTHORIZES THE MEDIATOR TO SHARE. This rule ensures that the mediator has all the information necessary to help guide and steer the parties to an agreement.
The mediator helps both sides present their information in a way that the mediator believes would be the most beneficial.
Eventually, the plaintiff will typically give the mediator an opening demand to take to the other side. If the other side responds, then the negotiation continues in this back-and-forth manner of demand and response. The parties may or may not reach an agreement.
If the parties reach a settlement, a brief memorandum of the details of the settlement may be written up as well as checks for any compensation agreed to. This settlement resolves the case completely and finally.
If the case is not settled, then it proceeds as if the mediation never happened. Contact us today to speak with our knowledgeable employment law attorney.
When you need a professional who goes the distance:
The Law Office of Rodney K. Murrow, P.A.
8841 Long Street
Lenexa, Kansas 66215
• Phone: 913-492-6200 • E-Mail • Fax: 913-227-0149
An employment law lawyer & discrimination attorney serving Kansas City, and the surrounding areas of Kansas and Missouri, including but not limited to, Topeka, Lawrence, Independence, Olathe, Overland Park, Liberty, Lee's Summit, Ottawa, Mound City, Bonner Springs, Atchison, Paola, Emporia, Jefferson City, Salina, Eudora, Columbia, Springfield, Blue Springs, Concordia, Harrisonville, in KS and MO, as well as Wyandotte County, Leavenworth County, Johnson County, Douglas County, Jackson County, Clay County, Franklin County, Miami County, Linn County, Shawnee County, Cass County, Lyon County and Platte County.