Is Your Mediation Stuck in Impasse?
April 16, 2025
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 available.
Mediation is a confidential dispute resolution process where a neutral third party (the mediator) helps the opposing parties reach a mutually acceptable settlement. Unlike a judge or arbitrator, the mediator doesn’t impose a decision but helps parties find common ground.
Mediation typically costs $3,500 to $5,000 for a full-day session and approximately 50% of that amount for a half-day session. This is significantly less than the $50,000 to $200,000 average cost of taking a case to trial. The cost of mediation includes pre-mediation consultation, the mediation session itself, and post-mediation follow-up. This represents substantial savings compared to litigation while offering similar or better resolution outcomes.
Most mediations last 4-8 hours and are completed in a single day. However, some complex cases may require multiple sessions. If a settlement isn’t reached during the session, follow-up negotiations may continue for days or weeks afterward. Overall, mediation resolves disputes in weeks or months compared to the years of litigation often required.
The mediation process itself is voluntary, but once parties sign a settlement agreement during mediation, that agreement becomes a legally binding contract. The settlement memorandum created at mediation is enforceable in court just like any other contract. If parties don’t reach an agreement, they remain free to pursue other options, including litigation or a later settlement.
Courts often order parties to attempt mediation before trial, and many contracts include mandatory mediation clauses. For example, the U.S. District Court for the Western District of Missouri has an Early Assessment Program that often requires early mediation by the parties. However, even when a court requires you to mediate, you cannot be forced to settle. You maintain complete control over whether to accept any proposed settlement terms.
Mediation involves a neutral facilitator who helps parties negotiate their own settlement. You remain in control of whether to resolve your case and the terms of any settlement. Arbitration involves a neutral decision-maker who listens to evidence and imposes a binding decision, similar to a judge. In arbitration, there is no jury. In mediation, you control the outcome; in arbitration, the arbitrator decides. Mediation is generally faster, less expensive, and more flexible than arbitration.
Litigation involves filing a lawsuit, conducting discovery, and having a judge or jury decide the case. Mediation is a voluntary negotiation process that’s faster, less expensive, confidential, and allows parties to craft creative solutions unavailable in court. Litigation is adversarial and public; mediation is collaborative and private.
While you are not legally required to have an attorney at mediation, I strongly recommend it. Your attorney protects your interests, provides legal advice, helps you evaluate settlement offers, and ensures that any settlement agreement is properly documented and accurately reflects your agreements. Most mediations involve attorneys representing each party.
Mediation typically begins with a joint session where the mediator explains the process and each side presents its perspective. The mediator then conducts private sessions (caucuses) with each party to explore interests, concerns, and possible solutions. The mediator shuttles between rooms, facilitating negotiation until parties reach an agreement or determine that settlement isn’t currently possible. The mediator helps the parties make well-informed decisions about settlement.
A typical mediation includes: (1) Opening session with all parties and the mediator, (2) Private caucus sessions where the mediator meets separately with each side, (3) Multiple rounds of negotiation with the mediator exchanging offers and counteroffers, (4) Multiple rounds of reality-testing discussions between each party and the mediator about litigation risks and opportunities, (5) Creative problem-solving to bridge gaps, and (6) Documentation of settlement terms if agreement is reached.
A caucus is a private meeting between the mediator and one party (with their attorney). Caucuses allow parties to speak freely about their concerns, interests, and bottom lines without the other side hearing. Information shared in caucus remains confidential unless you give the mediator permission to share it. Most mediation time is spent in caucuses rather than joint sessions.
Attorneys should bring: mediation statements, key pleadings, important documents or evidence, expert reports, and any damages calculations. Parties should bring an open mind, patience, realistic expectations, and a willingness to listen. The mediator will review all submitted materials in advance and come fully prepared. Rick Morefield makes a point of discussing the case with each attorney before the mediation so that everyone arrives prepared and ready to make the most efficient use of the mediation session.
Preparation includes: (1) Reviewing the case facts and evidence, (2) Understanding your legal strengths and weaknesses, (3) Calculating realistic case value ranges, (4) Identifying your interests beyond just money, (5) Considering creative settlement options, (6) Obtaining settlement authority, (7) Preparing your client for the process and possible outcomes, and (8) Submitting a comprehensive mediation statement to the mediator. Rick Morefield recommends that each attorney also send a non-confidential case analysis to the opposing attorney at least 2 weeks before the mediation. This makes sure that both parties have had sufficient time to consider the issues that will be presented at mediation and to be prepared to negotiate in light of that information. The parties often provide confidential information to the mediator that is not shared with the other party.
A mediation statement is a confidential document submitted to the mediator before the session outlining your case facts, legal theories, damages, and settlement position. It helps the mediator understand your perspective and prepare for productive discussions. Mediation statements are typically not shared with the other side unless you choose to share them.
If mediation doesn’t produce an immediate settlement, the mediator typically continues follow-up efforts to help parties reach an agreement. Many cases settle within days or weeks after mediation as parties reflect on the discussions. If settlement proves impossible, parties remain free to proceed with litigation or try mediation again later.
Yes, video conference mediation has become increasingly effective and common. Remote mediation offers scheduling flexibility and eliminates travel time while maintaining the confidential caucus structure. While there are advantages to negotiating in person, remote mediation is less expensive and more convenient. Many mediators, including Rick Morefield, conduct successful mediations via Zoom or other platforms for parties located anywhere. The success rate for remote mediations does not seem to be statistically different than in in-person mediations.
Plan for 2 to 4 hours if you are scheduled for a half-day mediation or 6-9 hours if you are scheduled for a full day. If you schedule a full-day mediation, Rick Morefield will continue working with the parties into the evening if they desire. Some cases settle quickly, while others require extended sessions. Complex cases may require breaks or continue on another day. Rick Morefield provides lunch and snacks for the parties to help the parties stay focused. Coming prepared for a long session demonstrates commitment to resolution and prevents artificial time pressure from forcing poor decisions.
Early settlement proposals in mediation are often far apart from eventual settlement values. This is normal. Mediation is a process requiring patience through multiple rounds of negotiation. The mediator helps reality-test unrealistic positions and helps the parties reach a reasonable settlement. Don’t let frustration with early offers derail the process.
Consider: (1) Relevant subject matter experience, (2) Trial background and understanding of litigation risk, (3) Reputation among attorneys who’ve used them, (4) Training and credentials, (5) Court approvals, (6) Mediation style and approach, (7) Availability and scheduling flexibility, and (8) Whether they have experience with your case type. Choosing the right mediator significantly impacts settlement likelihood.
Yes, especially for cases that could go to trial. Mediators with substantial trial experience understand litigation risks, jury behavior, evidentiary issues, and courtroom realities. This credibility helps them reality-test positions and provide a valuable perspective on how cases might fare at trial. Parties often find trial-experienced mediators more persuasive. Rick Morefield not only has extensive trial experience, but he also annually trains other lawyers in trial skills at the National Trial Academy in Reno, Nevada. This trial academy is sponsored by the American Bar Association Tort Trial and Insurance Practice Section and the American Board of Trial Advocates.
The ideal mediator has represented both sides, providing a balanced perspective and credibility with both parties. Rick Morefield’s 35+ years include representation of both plaintiffs and defendants, allowing him to understand each side’s pressures, strategies, and concerns. This dual perspective builds trust and facilitates more productive negotiations.
Yes, Rick Morefield is on the approved mediator rosters for both the United States District Court for the Western District of Missouri and the United States District Court for the District of Kansas. Court approval signifies that he meets federal court standards for mediator qualifications and experience.
Rick Morefield completed formal mediation training at the University of Missouri-Kansas City School of Law in 2012, with more than 60 hours of additional training since 2021. Combined with his 35+ years of trial and negotiation experience, this training enables him to handle a wide variety of case types. He continues professional development through teaching at the National Trial Academy. Rick Morefield has mediated a wide variety of personal injury, wrongful death, trucking, breach of contract, fraud, and other business disputes.
Rick Morefield is a highly experienced trial lawyer and mediator with over 35 years of legal experience. He is the founder of Sage Mediation Solutions and a partner at Morefield Speicher Bachman, LC. Rick serves as Faculty Director of the TIPS/ABOTA National Trial Academy and has been recognized as a Kansas and Missouri SuperLawyer every year since 2005. He is also recognized in Best Lawyers in America.
Rick earned his B.A. in Economics from Rice University and his law degree from the University of Kansas on a full scholarship. He was selected for the school’s National Moot Court Team. He began his career at a large Kansas City firm representing insurance companies and corporations before founding his own firm in 1993 to represent individuals injured by negligence or wrongdoing. He has also handled complex business litigation throughout his career.
Rick mediates personal injury cases (auto accidents, trucking accidents, premises liability, product liability), wrongful death claims, first-party insurance disputes (bad faith, UM/UIM claims), business litigation, contract disputes, fraud cases, and shareholder disputes. His trial experience across these areas provides a valuable perspective during mediation.
Rick regularly conducts mediations throughout Kansas and Missouri, with offices in Overland Park, Kansas. He is available for mediations anywhere in the Kansas City metro area and will travel to other locations at the request of the parties. He also conducts remote mediations via video conference for parties located anywhere nationwide.
Rick brings: (1) 35+ years of trial experience representing both plaintiffs and defendants, (2) Court approval in two federal districts, (3) Recognition as a SuperLawyer for 20 consecutive years, (4) Faculty Director role at the National Trial Academy teaching other lawyers trial skills, (5) Deep understanding of litigation economics and jury behavior, and (6) Persistent follow-up when cases don’t settle immediately.
Yes, Rick is an active trial lawyer who has tried numerous cases to verdict in state and federal courts. His ongoing trial practice keeps him current on courtroom realities, jury behavior, and litigation risks. Unlike mediators who haven’t tried cases, Rick understands firsthand what parties face if mediation fails.
Rick has been selected as a Kansas and Missouri SuperLawyer annually since 2005 (limited to 5% of lawyers), recognized in Best Lawyers in America for personal injury litigation, named to the National Trial Lawyers Top 100, and received the highest AV rating from Martindale-Hubbell for legal ability and ethics.
Yes, Rick has served as Chair of the ABA Tort Trial and Insurance Practice Section’s Litigation and Trial Practice Committee (2,000+ members), Editor and Editor-in-Chief for The Brief; Co-Chair of the Standing Committee on Fair Court Funding, past-President of the Lawyers Association of Kansas City, and currently serves on the Executive Committee of the Kansas Trial Lawyers Association as Chair of its Education Committee.
Yes, Rick serves as Faculty Director of the TIPS/ABOTA National Trial Academy, where he and other experienced trial lawyers teach less experienced attorneys courtroom skills. He regularly lectures at local and national continuing legal education seminars on trial techniques, insurance law, and advocacy.
Rick’s approach includes: (1) Thorough preparation by studying mediation statements and evidence in advance, (2) Pre-mediation calls with attorneys to understand case nuances, (3) Building rapport with participants through respectful, measured communication, (4) Reality-testing positions based on trial experience, (5) Exploring creative settlement structures, and (6) Persistent follow-up if cases don’t settle immediately.
Yes, trucking accident cases often settle through mediation despite their complexity. Multiple defendants, coverage issues, catastrophic injuries, and federal regulations create challenges, but an experienced mediator can navigate these complexities. Rick’s experience with trucking cases helps parties assess liability, damages, and litigation risks realistically.
Absolutely. Catastrophic injury cases involving traumatic brain injury, spinal cord injury, or wrongful death are often successfully mediated. These cases benefit from mediation’s ability to structure settlements creatively (periodic payments, medical care arrangements, etc.) beyond what courts can order. Mediators with trial experience help parties evaluate the significant financial stakes realistically.
Yes, insurance bad faith and coverage disputes are well-suited for mediation. These cases often involve technical policy interpretation, complex damages calculations, and significant business implications for insurers. An experienced mediator helps parties navigate the legal and practical issues to reach a resolution. In his experience on both sides of the “v.”, Rick has dealt with insurance coverage and policy interpretation issues as well as issues such as bad faith and vexatious refusal.
Business disputes are ideal for mediation because parties often want to preserve business relationships, maintain confidentiality, and reach creative solutions impossible in court. Whether the case involves breach of contract, partnership disputes, fraud claims, or commercial transactions, mediation provides flexible resolution options. Often, there are more possibilities for creative settlements in business cases.
Yes, premises liability cases, including slip-and-fall, negligent security, and property condition claims, settle effectively through mediation. These cases involve fact-intensive liability determinations and comparative fault issues that make trial outcomes uncertain. Mediation allows parties to avoid that uncertainty while reaching a fair resolution.
No, complex product liability cases are frequently mediated successfully. Multiple defendants, technical evidence, expert disputes, and significant damages make these cases challenging but also create incentives for settlement. An experienced mediator helps coordinate multi-party negotiations and address complex liability allocation issues.
Yes, mediation can take place where it is most convenient for the parties. Cases can be mediated in either state, regardless of where the lawsuit is filed, or remotely via video conference. Rick regularly mediates cases for parties located throughout Kansas, Missouri, and beyond.
Many courts in the Kansas City area encourage or require mediation before trial. Federal courts often order mediation, and many state court judges order cases to mediation. Even when not required, mediation is usually beneficial for resolving cases efficiently.
Call Rick directly at (913) 839-2808 to discuss your case and find a mutually convenient date. Rick maintains an online calendar showing the times and dates he is available to mediate your case. If you don’t find a suitable date online, call his office to discuss other scheduling options that may be available.
Schedule as early as possible to secure your preferred date. Many attorneys book mediations 4-8 weeks in advance, though Rick sometimes accommodates shorter timeframes for urgent matters. Early scheduling also allows adequate time for pre-mediation preparation.
After scheduling, you’ll receive confirmation details and instructions for submitting your mediation statement. Rick reviews all materials thoroughly before the session and typically conducts pre-mediation calls with attorneys to discuss the case. You’ll receive logistics information shortly after you book the mediation.
Yes, though advance notice is appreciated. Circumstances sometimes require rescheduling, and Rick works with parties to find alternative dates.
Mediations typically occur at Rick’s office in Overland Park, Kansas, which provides comfortable, confidential meeting spaces. Mediations can also be held at attorney offices or other locations by arrangement. Remote video mediations are available for parties located anywhere.
When parties reach agreement, the mediator helps document the settlement terms in a written memorandum signed by all parties and their attorneys. This memorandum becomes a legally binding contract. Attorneys then prepare formal settlement documents.
One of the advantages of mediations is that the parties can typically decide whether the outcome of the mediation will be confidential or public. This is a sharp contrast to jury verdicts which are public. Mediation discussions, caucus conversations, and the negotiation process remain confidential and cannot be disclosed in any subsequent proceeding if the case doesn’t settle.
Generally no. Once you sign the settlement memorandum, it’s a binding contract. Courts rarely allow parties to withdraw from mediation settlements. This is why it’s critical to carefully consider terms before signing and to have your attorney’s advice throughout the process.
If a party breaches the mediation settlement agreement, it can be enforced like any contract through court proceedings. The settlement memorandum signed at mediation provides evidence of the agreed terms and is enforceable in court.
Yes, Rick provides follow-up after mediation sessions that don’t result in immediate settlement. Many cases settle in the days or weeks following mediation as parties reflect on discussions and refine their positions. Rick continues facilitating negotiations to help parties reach resolution. Follow-up calls and discussions are complimentary. If the parties require additional mediation sessions, those are charged at Rick’s normal rate.
Sage Mediation Solutions is a service of MSB Law
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