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Mediation Frequently Asked Questions



Frequently asked questions about mediation

Written answers to common questions
 

Frequently asked questions answered by video

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Written answers to common questions

What is the mediation process?
How do I select a mediator?
How do I prepare for mediation?
What more can you tell me about mediation?
 

What is the mediation process?

Mediation is a confidential process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement.

More details about mediation
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When is mediation appropriate and what are Its advantages?

Settling disputes through mediation can be faster, less expensive and can leave both parties feeling in a better state of mind over a decision they crafted together. There are several other significant benefits of mediation which include:

Greater control. Mediation does not guarantee an outcome, The mediator collaborates with the parties to try to find a solution, but with no guarantee that the issue will be resolved. Both parties have more equal control over the solution and are not forced to accept an outcome with which they are not happy.

Confidentiality. Disputes settled out of court through mediation are entirely confidential to both parties, unless specifically agreed otherwise.

Reduced cost. Settling disputes through court proceedings is expensive and the overall costs can be highly unpredictable. Resolving disputes through mediation, however, can often be much faster and much less costly than other alternatives.

Enhanced support. Mediations are facilitated by a trained, neutral mediator who engages with the conflicting parties and helps them work towards finding a solution that is acceptable to both sides.

Preserving relationships. Settling workplace, neighborhood, or family disputes can be demanding situations to oversee and are full of emotion. Mediation helps both parties focus on communicating effectively with each other and coming to a negotiated settlement that works for all involved.

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How successful is mediation?

Mediation empowers disputing parties to resolve their differences.

Research supports that if parties can reach their own resolution, they are more likely to follow those agreements than if an authority makes the decision for them.

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Steps in the mediation process

  • Agree to mediate

  • Appoint a mediator

  • Initial contacts between the mediator and the parties

    • scheduling the first meeting

    • agreeing any preliminary exchange of documents

  • First and subsequent meetings

    • establishing ground rules

    • gathering information and identifying issues

    • exploring the interests of the parties

    • developing options for settlement

    • evaluating options

  • Concluding either with a mediated agreement or an impasse.

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Are mediators bound by a professional code of conduct?

Yes. Most mediators are associated with one or more provider institutions and adopt their code of conduct. You should always ask to see a copy of the code to make sure you are comfortable with it. 

Most mediators also carry a professional indemnity insurance policy, which is wise to verify.

Approved dispute resolution providers are also bound by ethical rules in the Kansas Supreme Court Rules Relating to Dispute Resolution.

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Is mediation costly?

All costs are relative to the payback and alternatives. Usually, mediation is the least costly of the alternatives, often far less costly than hiring an attorney to represent you in court.
Some mediators provide mediation on a sliding scale. At this link kscourts.org is a list of approved mediators and their fees.

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How do I select a mediator?

Steps to choose a qualified mediator:

  1. Decide what you want from mediation.

  2. Compile a list of mediators.

  3. Evaluate written materials.

  4. Interview mediators.

  5. Evaluate information and make a decision. 

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What are the mediator classification types in Kansas?

Mediators are often grouped into these categories. 


Some mediatiors are specifically trained for:

  • domestic conciliation

  • parenting coordination

  • case management 

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How do I prepare for mediation?

 

Ask yourself these questions to prepare for mediation:

  • What is my goal for mediation?

  • What am I willing to offer in mediation to achieve my goal?

  • What do I need from the other party to agree with what they want?

  • What is my best alternative to negotiated agreement? 

  • What is my worst alternative to a negotiated agreement?

  • What are my interests that need to be addressed?

  • Can I present my interests clearly without being combative?

  • Can I listen to the other party’s interests?

  • Can I come to mediation with an open mind to explore all options?

  • Does the other party have the authority to support the terms of the agreement?  

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What more can you tell me about mediation?

Mediation can occur in different ways. Most mediation starts with a joint session with the parties. The mediator will describe the process, explain the mediator’s role, help establish ground rules, and prepare an agenda for the session. Parties then make opening statements. 

Some mediators conduct the entire process in a joint session. However, other mediators will move to separate sessions, shuttling back and forth between the parties. 

If the parties reach an agreement, the mediator may help document the agreement in a written contract or memorandum of understanding, which may be enforceable in court.

Mediation requires cooperation from both parties, so it is not suitable for settling all disputes. Mediation is unlikely to be appropriate when there is deliberate, bad faith counterfeiting or piracy. Similarly, mediation is not appropriate when: 

  • a party is certain that they have a clear-cut case, or there is intimidation, preventing sincere negotiation

  • one or both parties or one of them is to obtain a neutral opinion on a question of genuine difference,

  • to establish a precedent or to be vindicated publicly on an issue in dispute, mediation may not be the appropriate procedure.


On the other hand, mediation is an attractive alternative when either party holds as important: 

  • settling quickly

  • minimizing the cost to settle the dispute

  • maintaining control of the dispute-settlement process 

  • maintaining confidentiality (no public record)

  • preserving or developing an underlying business relationship between the parties

Mediation can be especially useful to resolve a dispute between parties with an ongoing contractual relationship, such as a license, distribution agreement, or joint research and development contract. Mediation provides opportunity to find a solution by reference to business interests rather than by legal rights and obligations of the parties.

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