One Mediation Tactic You Might Be Overlooking
March 21, 2025
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Rick Morefield leads the firm’s mediation services practice and regularly serves as a mediator throughout Kansas and Missouri.
He has been on the approved mediator list for the United States District Court of Missouri Western District since obtaining advanced mediation training in 2012. He is on the Western District of Missouri Category 1 Panel and the Missouri Rule 17 approved mediator list.
He mediates cases involving personal injury, wrongful death, business disputes, trusts and estates, and other matters. His depth of experience, patience, persistence, and follow-up help the parties settle their case on their own terms.
Mediation is a form of alternative dispute resolution (ADR) where a neutral third party helps the parties negotiate a settlement of their case. Discussions with the mediator are confidential, allowing the parties to have more meaningful and successful negotiations. Mediation provides an excellent alternative to the cost, risk, and stress of a formal trial. It can be used in a wide range of legal disputes, including family law, business disputes, and personal injury cases.
In a mediation, the disputing parties negotiate the outcome of their case with the help of a mediator. In court cases, the final decision is made by a judge or jury. Trials usually have a winner and loser. At mediation, the parties can decide to compromise and they can resolve their case in ways that would not be possible through trial.
Mediation is a private process. Anything discussed during mediation cannot be revealed outside of the mediation process, providing a place for open and honest communication. If the parties desire, their settlement can be confidential. Jury verdicts are public.
Mediation costs less than continued litigation and significantly less than a trial. The process is quicker, reducing legal fees and court costs.
Trial is inherently risky. Sometimes great lawyers lose good cases. No trial is a “sure thing.” Mediation enables the parties to negotiate a settlement that both parties are comfortable with, eliminating the risk of an unexpectedly bad outcome.
Because mediation is a more collaborative process, it can help preserve relationships that might otherwise be damaged in a contentious court trial. This is often important in business cases and in probate litigation where the parties may want or need to interact in the future.
Rick Morefield tailors the mediation to fit the needs of the parties involved. The process is flexible, allowing for creative solutions and terms that might not be possible in a court setting.
In Kansas and Missouri, mediation is encouraged and often required by the courts for certain types of disputes. The mediation process typically
involves the following steps:
The parties or their attorneys contact a mediator to arrange for a mediation session.
Typically, the parties send the mediator a case summary ahead of the mediation. The mediator holds separate pre-mediation meetings with the lawyers to learn more about the dispute and to prepare both parties for the mediation session.
Most mediations begin with a joint session in which the mediator explains the process to the parties and their lawyers. Each party will have an opportunity to share their perspective with the mediator either in the joint session or privately. Whether the parties discuss their positions in a joint meeting or in private meetings with the mediator is a decision the parties make with the mediator before the mediation session begins. The mediator then facilitates negotiation between the parties. Most of the work in a mediation takes place in private sessions. When the parties and mediator agree it will be beneficial, the parties can have joint meetings. One of the benefits of mediation is that the process can be modified to meet the needs of the case and the parties.
If the parties reach an agreement, the mediator will often help draft a basic agreement, which is then reviewed by the parties and their attorneys. Once signed, the agreement becomes legally binding. The parties usually draft a more detailed settlement agreement at a later time with the help of their lawyers.
If no agreement is reached, the parties may decide to continue with additional mediation sessions, or they may choose to proceed with litigation. Rick offers a reasonable amount of complimentary follow-up for cases that don’t settle during the additional session.
Mediators must adhere to high ethical standards of professionalism, impartiality, and confidentiality. As a lawyer who has handled a wide variety of cases, Rick is able to quickly get to the heart of legal issues and help the parties achieve a mutually agreeable solution to their case.
This calendar displays actual mediation slots available to reserve.
If you don’t find a date that works for you, please call Rick a call at (913) 839-2808. In some cases, other time slots can be made availble.
Sage Mediation Solutions is a service of Morefield Speicher Bachman. LLC
The choice of an attorney is an important decision and should not be based on advertisements alone (like this website). We believe it’s critical that you meet the legal team that will be representing you before deciding which attorney to hire. Look around our site. If you like what you see, please call (913) 839 2808 to schedule your consultation. Consultations for cases involving injuries or the loss of a loved one are free. Consultations for business related matters are offered at a discounted flat rate.