BETTER OUTCOMES
Both parties control the outcome. At trial, a judge or jury decides the matter. Mediation allows the parties to reach a mutually acceptable resolution. You be the judge.
COST-EFFECTIVE
The litigation process is expensive. Trial costs can exceed $100,000.00. Mediation is known for being a cost-effective way of resolving disputes due to the shorter timeframe and reduced procedural requirements.
EFFICIENT
Mediation can resolve disputes faster than traditional litigation. It may take years for a case to finally be resolved. Mediation can short-circuit the litigation process.
CONFIDENTIAL
Unlike public court proceedings, mediation remains confidential. In addition, the mediation process allows for the discussion of issues in a private setting, focusing on interests rather than positions.
TORT, BODILY INJURY, AND PROPERTY DAMAGE CLAIMS
Over the last few decades, mediation has become an essential tool in cases involving tort claims and in particular bodily injury and property damage claims. Because each case of this nature can involve a multitude of interwoven factors, it is important to have a mediator who has extensive experience with litigation, medical causation issues, damage assessments, coverage issues, and valuation of cases. Litigation for all parties can be stressful and time-consuming, and it may lead to expensive fees expenses for both parties. Approximately 97% of personal injury cases settle out of court. Given this fact, it makes sense to mediate a case sooner rather than later.
COMMERCIAL MEDIATION
Commercial mediation is a process used to resolve disagreements that occur in commercial relationships. Mediation offers business owners, both small and large, and their insurance carriers, an effective alternative to litigation in the courts and the opportunity to resolve disputes efficiently, economically and effectively. An experienced neutral mediator can carefully sculpt and manage a settlement process whereby the business dispute, whether large or small, is viewed against the backdrop of the true business interests and practical considerations of all involved , and put the focus on options for mutual gain and agreement. Mediation Matters IQ possesses the expertise, integrity and tenacity to mediate numerous commercial matters. We understand and consider the legal, business and human aspects of every dispute.
INSURANCE DISPUTES
Insurance disputes, whether between insurer and insured, or between multiple carriers, often involve very specific and often complicated scenarios and complex legal issues. The mediator must understand the legal issues, the complexities and purposes of different types of insurance coverage, and the potential variances among jurisdictions in interpreting the policy language. In bad faith claims, the mediator needs to understand the best practices of claims-handling. This is necessary to help the parties understand the strengths and weaknesses of their positions in a case. The mediation marketplace is filled with former lawyers and judges. But there are actually very few mediators who are actually familiar with insurance coverage cases. Choosing a mediator is highly important to the success of mediating the insurance dispute. Mediation Matters is uniquely qualified to mediate the complex issues in the highly specialized area of insurance law.
FAQ
MEDIATION FEES
Initial administrative fee in the sum of $100.00 per party. Thereafter, the mediator’s fee is $250.00 per hour. There is an initial overall deposit in the sum of $1250.00 towards the cost of the mediator’s fee. Any surplus, excluding the administrative fee, will be refunded. Any shortfall will be billed.
The mediator’s fees are invoiced by the quarter hour. All fees shall be split equally by each party unless otherwise agreed to by the parties. Mediation fees are charged for any pre-mediation conferences, the review of the pre-mediation questionnaire information, all mediation conferences, and any post mediation work requested by the parties.
Mediations cancelled within 7 days of the mediation will be charged a cancellation fee of $500. However, mediations cancelled, rescheduled or settled within 24 hours of the mediation will be charged four hours of the neutral's hourly rate, plus any other fees incurred pre-mediation.
For mediations requiring travel outside of the Kansas City metropolitan area, any travel time is billed at half the hourly rate plus reasonable expenses for travel, lodging, food and air. The parties to the case will share all mediation fees and expenses equally, unless otherwise agreed.
LOCATION OF MEDIATION CONFERENCES
The parties choose where our Mediators will conduct the mediation. If the parties do not have a space, we can assist in renting rooms at KCMBA.
SCHEDULING
Online is the most favorable way. Depending upon availability, mediations can be scheduled Monday thru Friday from 9:00am to 5:00pm central time. Other times are available upon request.
Any party to the mediation can go online and view the ‘schedule mediation’ calendar on this website to obtain potential mediation dates. To obtain confirmation of a mediation date, complete the ‘Schedule Mediation’ form and submit the request by email. You will receive confirmation of your scheduled mediation.
MEDIATION PROCESS
The main steps are:
• Agreement to Mediate
• Initial Contacts Between the Mediator and the Parties
• Scheduling the first mediation conference
• Pre-Mediation Questionnaire(optimally submitted at least one week before first mediation conference)
• Agreement to exchange of documents
• First and Subsequent Mediation Conference
• Concluding either with a Mediated Agreement or an impasse
MEDIATOR IS NOT LEGAL COUNSEL FOR ANY PARTY
All parties recognize that during the mediation session, and at all other points in the proceeding, the Mediator is not acting as legal counsel for or as a representative of any of the parties engaged in the mediation; the Mediator has no duty to assert, analyze, inform or protect any legal right or obligation; the Mediator has no duty to make an independent expert analysis or raise issues the parties do not raise; and the Mediator cannot guarantee the mediation will result in a settlement.