6 Benefits Of Mediation In Kansas
Mediation is the process of discussing a conflict with a neutral party who is chosen by both sides of the argument. It is a process of negotiation that keeps the decision with each party. The role of a mediator is to guide and facilitate conversation, help isolate problems and roadblocks, and keep the process of resolving problems on point. The result is a mutually agreed upon solution that is binding by law.
The benefits of mediation include:
- It is confidential – Court documents are often public.
- It can be less expensive because it may be faster than a court trial due to the congestion of court calendars. A typical mediation case may take a few weeks to resolve whereas a court case can take several months or even years. You may have a lawyer represent you or not.
- Mediation helps both sides find a balance and the solutions that solve problems so that both can walk away with a fair solution. It is less formal and that process promotes better communication without the court-defined rituals that can cause people to become overly nervous.
- Mediation makes it easy to deflate future conflicts by improving communication and finding fair resolutions. The process can preserve current relationships.
- It works for Divorce and Separation – especially those that involve children. Mediators help both parties see the needs and outcomes for each issue you face.
- It also works for Personal Injury cases.
What Happens When Mediation does not work?
Suppose the problems are so complex that both sides cannot come to an agreement. In that case, The mediator will make a decision based on the information available, and submit it to the court, which will either approve or deny the decision suggested by the mediator. If the court denies the submission, the parties will go to court.
Can Mediation Be Part of Workers’ Compensation Cases?
Yes. Parties can decide to go with a mediator rather than go to court, according to Kansas’ Department of Labor. In workers’ compensation cases, both parties must be fully vested in the process of mediation with the intention of finding quality solutions to the problems that both sides face.
When Mediation does not work in Workers’ Compensation cases, the mediator notes that that mediation failed and the case is forwarded to the court. No other information is included, and the case begins anew under an administrative law judge.
As a bonus to help Mediation work for worker’s compensation cases, there is potentially no fee. That bonus can save about $100 an hour in mediator billing charges for the parties.
Contact Wall Huntington Law Firm For Quality Mediation
If you have a conflict and want to learn if mediation is a good fit for solving your conflict, contact our team. Each case is different, and there are different rules for different types of mediation. We can help you discover your rights and options specific to your case.