“When any real progress is made, we unlearn and learn anew what we thought we knew before.” – Henry David Thoreau
Question: What is a mediation?
Answer: A mediation is a facilitated discussion between two or more parties with an intractable dispute. Its purpose is to find a resolution to the dispute that is satisfactory to all parties and avoids the lost time, costs and risks associated with continued litigation and trial. The mediation process is entirely voluntary for all parties. It is an opportunity, not an obligation. However, once the parties enter into a mediation agreement, there are rules and obligations that they must agree to and abide by. That said, the parties retain the right to terminate the mediation at any time and for any reason. The rules by which mediation participants agree to be bound are provided for in the following mediation agreements which participants agree to by bound by when providing their signature to the agreement.
Question: What is the mediator’s role in a mediation?
Answer: A mediator is a neutral party that facilitates discussion by ensuring each party is being heard (and understood) and challenges each party in order to help them understand the benefits and drawbacks of their case relative to the benefit of settling their dispute. EMS strives to guide the participants to their best possible positions to make the smartest, most reasonable decision about whether to settle or not.
Question: What is the cost of mediation?
Answer: The billing rate is $350 per hour for preparation and conducting the mediation. If travel over 100 miles is involved travel time will be billed at half the hourly rate.
Question: What information or documents does EMS request prior to the mediation session?
Answer: Parties are asked to provide whatever information or documentation they believe will best enhance the possibilities for settlement at the mediation conference. This could include pleadings and discovery responses, important documents exchanged through discovery, relevant deposition testimony, and succinct mediation position statements. No documentation is required, however, and Joe will call the parties privately prior to the mediation session to discuss the case, the law of the case, and any other relevant or contentious factual disputes. The EMS scheduling tool on this website asks participants to provide general case and party background information to assist with and speed up the scheduling and mediation process.
Question: Where does EMS conduct its mediations?
Answer: EMS will provide a neutral site if requested, but usually the parties decide the best location for their mediation and EMS will strive to accommodate those requests.
Question: Does EMS conduct mediations outside Missouri and Kansas?
Answer: Yes! Joe’s mediation credentials and litigation experience allow him to conduct mediations anywhere in the nation in both state and federal court cases, as well as in pre-suit administrative settings, including the EEOC. Mediation location, travel and lodging arrangements can be determined when EMS is engaged for mediation.
Question: How do we schedule a mediation session with EMS?
Answer: The EMS website has a convenient scheduling/calendar tool that allows the parties to see Joe’s availability and to secure an agreed-upon date for the mediation. Joe also welcomes parties and attorneys to contact him directly by phone (816-945-6393) or email (firstname.lastname@example.org) for a more personal touch in scheduling his services.
Question: Is mediation confidential?
Answer: Absolutely! During the mediation session, Joe will meet privately with the parties to caucus about the positives and negatives of each party’s case in an effort to put everyone in the most advantageous position to make the most thoughtful and reasoned settlement decisions they can make. Confidentiality ensures that these open and frank discussions can take place without the fear of individual negotiation strategies and reasons for settlement being exposed or discovered later on.
Question: What happens if the matter is not resolved at the mediation session?
Answer: EMS works diligently to resolve cases. This means that Joe will persistently follow up with the participants if there remains a possibility that additional mediation services, whether by telephone conferences or additional mediation sessions, can help the parties to resolve the case. There is no charge for post-mediation session services unless a follow up session is requested.