Mediation

Mediation

What is mediation?  "Mediation" is a process in which a neutral third party facilitates ADR communication between parties to promote settlement and assist them in reaching a voluntary agreement regarding their dispute.  A "mediator" is the individual who conducts the mediation.  A mediator may not impose his or her own judgment on the issues for that of the parties Jay Daugherty provides the ability to schedule your mediation online without multiple efforts or phone calls.  Why use Jay Daugherty as your mediator?  Jay has conducted nearly 1000 mediations in his 4+ year career as a full-time mediator handling the Kansas City region’s biggest and most complex cases.Serving as a Circuit Judge for 20 years and an Administrative Law Judge for 7 years, Jay brings judicial neutrality, combined with a lifetime of litigation experience, to his ADR practice.  During his time on the bench, Jay honed his mediation skills, conducting settlement negotiations and mediations in thousands of cases of every type and size including, but not limited to: complex multi-party business cases, class actions, construction, product liability, malpractice, personal injury, environmental, employment discrimination, commercial/business, real estate, condemnation and insurance coverage/bad faith claims.  His skills are grounded in a judicial career where he presided over hundreds of jury trials and thousands of court trials.   Additionally, through his service as Chair on two Supreme Court ADR Committees, Jay has helped lead the development of Missouri's dispute resolution practice.  "My mediation goals extend beyond merely achieving a resolution of the case.  Disputes are also about emotion.  Results of the mediation should please the clients --- and clients should leave the mediation with an enhanced regard for their attorneys."  - Jay Daugherty. Mediation Fees  The billing rate is $375 per hour for preparation and conducting most mediations.  However, the rate is $445 per hour if the mediation involves 4 or more parties.   If the matter does not settle as a result of the mediation, Jay will continue to mediate the case by phone as long as there is any possibility mediation can resolve the case.  There is no charge for follow up services unless the follow-up session are very time consuming and the time results in a settlement.For mediations requiring travel outside of the metropolitan area, any additional fees will be determined at the time of engagement.  The parties to the case will share all mediation fees equally, unless otherwise agreed.  The best location for your mediation  You, the parties, choose where Jay Daugherty will conduct the mediation and Jay is comfortable conducting your mediation wherever you desire.  One important consideration in choosing the site for your mediation is whether you desire a neutral site.  Mediation studies show the use of a neutral site is preferable to mediating at one of the party's law offices.  The Jay Daugherty Mediation Conference Center (JDMCC) has premier space with multiple conference rooms that are ideal for your mediation or arbitration.  Our offices are centrally located on The Plaza in Kansas City, with convenient complimentary parking.  See location, directions and contact information on JDMCC. For your convenience, Jay Daugherty Mediation also has offices available in Johnson County, at College and Metcalf.  Why utilize mediation services?  1) High satisfaction:  Studies show that a mediated resolution satisfies parties more than one a court imposes on them.  2) Your own personally designed settlement:  the parties, with the assistance of a truly neutral mediator, help create the resolution of the dispute themselves.  Using a skilled mediator with a judicial background only enhances the mediation experience as parties have a greater sense of justice and a feeling of having had their day in court.  3) Saves money:  mediation saves litigation expenses.  4) Voluntary:  A third-party will not force a resolution or decision on any party.  This is much different than the forced resolutions that happen at trial or in arbitration.  5) Mediation is confidential:  By meeting separately with the parties by caucus, a mediator can confidentially and informally explore settlement options without traditional posturing and can consider settlement options without the parties needing to reveal their final positions.  6) Helps preserve continuing relationships:  In most business situations the parties who mediate their disputes will work together again in the future.  Mediation limits the animosity between the parties.  This is particularly true in construction/contractor setting, commercial business situations, contracts and all types of employment relations.       Scheduling your mediation  1) Online:  The most convenient way.  You and your counterpart go online from the comfort of your own office.  Use our online "schedule mediation" calendar tool to mutually select your date, fill out the required "Schedule Mediation" form and submit the request by email.  You will receive confirmation of your scheduled mediation within one day.  2) For a more personal touch contact us by phone: 816-931-6300  Office or 816-210-3613  Cell. Preparing for Your Mediation  Preparation is the key to a successful mediation from the standpoint of an attorney.  A successful mediation depends on both the mediator's and counsel's preparation.  The parties' lack of preparation can present an insurmountable obstacle to settlement.  Counsel should treat preparing for mediation as the equal of preparing for any other significant step in the case. If you want to enhance your chances of settling at the mediation, preparation is your key.  1) Prepare Your Client:  If this is your client's first mediation, walk him through the process, and explain what to expect from the opening session, caucuses, and down time.  Explain the nature of mediation, particularly why and how mediation is different from trial in a courtroom.  Make sure that your client understands the strengths and weaknesses of the case, including the downside risks, uncertainties and costs of continuing litigation.  2) Be realistic and don't let your client get stuck in an unrealistic mode of thinking that the case is a "home run".  Your client will not want to negotiate if he gets anchored to a specific result, outcome or dollar amount.  Help client be flexible and open minded.  3) Encourage your client to interact with the mediator on a personal level, treating the mediator as a confidant and not an adversary the client must persuade.  4) Prepare for mediation, not trial:  in mediation, attorney advocacy has to take a back seat to negotiation. Strong advocacy tends to provoke a similar response in the client and can lead to the hardening of bargaining positions.  5) Evaluate the strengths and weaknesses of your client's case objectively. What is the most likely - not potential - range of a jury verdict in the case?  What conclusions is the judge most likely to make?  6) Resist the temptation to take on your client's animosity toward the adversary or adverse counsel.  Keep your distance from your client's anger - it is best for your client and will benefit the mediation. 7) Exchange information if you have not done so, consider a full exchange of non-confidential information about the case with the other side before the mediation. It is an easy way to avoid fact disputes that sometimes get in the way of serious negotiations.  8) Prepare mediation briefs for the mediator that include the facts, the law, important discovery issues, summary judgment or dismissal suggestions in support, possible trial issues including difficult evidentiary issues, instructional issues or any other matter potentially relevant to the case and thus the mediation. This is your opportunity to have an experienced trial judge give you a sense of likely rulings on legal arguments or evidence. During the Mediation  1) Do your best to maintain an attitude that will facilitate discussion of issues and negotiations. Do not criticize the other party or lawyer, complain about their "tactics" or negotiation style, or question whether they are negotiating in good faith.  2) Be patient.  Don't pursue a "cut to the chase" negotiation strategy and make your "final" offer right away.  In the hundreds of mediations I have handled, this strategy has never yet resulted in settlement. Why?  Because the other side will not believe your offer is truly final if it comes too early in the mediation.  By doing so you will either create an impasse before the parties have had time to reach the zone of potential settlement, or you will have to capitulate and continue negotiating beyond your "final" position.  3) Avoid spending time negotiating in a place beyond the likely range of settlement discussions. It tends to discourage the other side from taking you seriously, and might bring about impasse when there is still plenty of negotiating room on both sides.  4) Be honest with your client despite a natural reluctance to give your client a candid (i.e. negative) assessment of the case for fear of seeming disloyal or uncommitted.  My assessment can help the client avoid responsibility for compromising the case, their principles, etc.  Let me help you bring reality to your client's perspective. 5) Do not use surprise as a negotiation tactic - it may embarrass opposing counsel and cause the lawyer and her client to react by engaging in similar tactics, which can lead to a breakdown in negotiations. The Mediation Session:  What takes place?  1) All parties will be present as well as counsel.  Typically an insurance representative will also be present and/or an owner or manager of a business, depending on the case type.  2) All participants meet in a joint session.  After the mediator's introductory remarks and the signing of the Agreement to Mediate, the parties may proceed immediately to caucusing, or each party may make an opening statement, depending on the most productive style of mediation for the case.  This will be determined prior to the mediation.  3) Caucuses:  After the joint session, the mediator will meet privately with both sides in separate meetings or caucuses.  In these confidential sessions the mediator discusses the case with counsel and the parties, assesses the risks of the case, considers the best and worst outcomes, the quality of the evidence, the costs of litigation and other factors.  The mediator will explore possible settlements, and will likely go back and forth between the parties to explore possible settlements.  4) Written Agreement: When the parties reach a settlement, it will be reduced to writing as required by Missouri law. If the case doesn't settle?  While most cases do settle at the mediation, if the case does not settle during the mediation, Jay Daugherty will conduct follow up mediation sessions by phone until Jay has made all reasonable efforts to resolve the case.  There will be no charge for these phone sessions.  Sometimes the parties need a second face to face mediation session. In that event, the parties will schedule and Jay will conduct the added sessions like the initial face to face session.  There are additional hourly charges for these supplementary face to face sessions. Confidentiality  The parties recognize that mediation proceedings are settlement negotiations and that all aspects of the mediation are inadmissible in any related litigation or arbitration proceedings.  Evidence that is admissible or otherwise discoverable shall not be rendered inadmissible or nondiscoverable as a result of its use in the mediation session.  In the event the parties do reach a settlement, the terms of the agreement will be reduced to writing and may be admissible in any effort to enforce the settlement agreement, unless the parties agree otherwise.  Any information disclosed to the mediator in private caucus shall remain confidential unless the party agrees it may be disclosed. Mediator Not Acting As 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.   Ease of Scheduling   Scheduling mediation should be easy.  No phone calls or calendar chasing required.  Click on the icon below, follow the directions and your mediation is set immediately while online. Schedule Mediation Online 
4717 Grand | Suite 830 | Kansas City, MO 64112 | 816-931-6300
Nothing contained herein is intended to give legal advice.  Individuals should always consult with an attorney before entering into a contract.

Mediation

4717 Grand | Suite 830 | Kansas City, MO 64112 | 816-931-6300
What is mediation?  "Mediation" is a process in which a neutral third party facilitates ADR communication between parties to promote settlement and assist them in reaching a voluntary agreement regarding their dispute.  A "mediator" is the individual who conducts the mediation.  A mediator may not impose his or her own judgment on the issues for that of the parties Jay Daugherty provides the ability to schedule your mediation online without multiple efforts or phone calls.  To view the scheduling calendar and schedule your Mediation click the icon below. Schedule Mediation Online Why use Jay Daugherty as your mediator?  Jay has conducted nearly 1000 mediations in his 4+ year career as a full-time mediator handling the Kansas City region’s biggest and most complex cases.Serving as a Circuit Judge for 20 years and an Administrative Law Judge for 7 years, Jay brings judicial neutrality, combined with a lifetime of litigation experience, to his ADR practice.  During his time on the bench, Jay honed his mediation skills, conducting settlement negotiations and mediations in thousands of cases of every type and size including, but not limited to: complex multi-party business cases, class actions, construction, product liability, malpractice, personal injury, environmental, employment discrimination, commercial/business, real estate, condemnation and insurance coverage/bad faith claims.  His skills are grounded in a judicial career where he presided over hundreds of jury trials and thousands of court trials.   Additionally, through his service as Chair on two Supreme Court ADR Committees, Jay has helped lead the development of Missouri's dispute resolution practice.  "My mediation goals extend beyond merely achieving a resolution of the case.  Disputes are also about emotion.  Results of the mediation should please the clients --- and clients should leave the mediation with an enhanced regard for their attorneys."  - Jay Daugherty.Back to top of the page Mediation Fees  The billing rate is $375 per hour for preparation and conducting most mediations.  However, the rate is $445 per hour if the mediation involves 4 or more parties.   If the matter does not settle as a result of the mediation, Jay will continue to mediate the case by phone as long as there is any possibility mediation can resolve the case.  There is no charge for follow up services unless the follow-up session are very time consuming and the time results in a settlement.For mediations requiring travel outside of the metropolitan area, any additional fees will be determined at the time of engagement.  The parties to the case will share all mediation fees equally, unless otherwise agreed.  Back to top of the page The best location for your mediation  You, the parties, choose where Jay Daugherty will conduct the mediation and Jay is comfortable conducting your mediation wherever you desire.  One important consideration in choosing the site for your mediation is whether you desire a neutral site.  Mediation studies show the use of a neutral site is preferable to mediating at one of the party's law offices.  The Jay Daugherty Mediation Conference Center (JDMCC) has premier space with multiple conference rooms that are ideal for your mediation or arbitration.  Our offices are centrally located on The Plaza in Kansas City, with convenient complimentary parking.  See location, directions and contact information on JDMCC. For your convenience, Jay Daugherty Mediation also has offices available in Johnson County, at College and Metcalf. Back to top of the page Why utilize mediation services?  1) High satisfaction:  Studies show that a mediated resolution satisfies parties more than one a court imposes on them.  2) Your own personally designed settlement:  the parties, with the assistance of a truly neutral mediator, help create the resolution of the dispute themselves.  Using a skilled mediator with a judicial background only enhances the mediation experience as parties have a greater sense of justice and a feeling of having had their day in court.  3) Saves money:  mediation saves litigation expenses.  4) Voluntary:  A third-party will not force a resolution or decision on any party.  This is much different than the forced resolutions that happen at trial or in arbitration.  5) Mediation is confidential:  By meeting separately with the parties by caucus, a mediator can confidentially and informally explore settlement options without traditional posturing and can consider settlement options without the parties needing to reveal their final positions.  6) Helps preserve continuing relationships:  In most business situations the parties who mediate their disputes will work together again in the future.  Mediation limits the animosity between the parties.  This is particularly true in construction/contractor setting, commercial business situations, contracts and all types of employment relations.Back to top of the page          Scheduling your mediation  1) Online:  The most convenient way.  You and your counterpart go online from the comfort of your own office.  Use our online "schedule mediation" calendar tool to mutually select your date, fill out the required "Schedule Mediation" form and submit the request by email.  You will receive confirmation of your scheduled mediation within one day.  2) For a more personal touch contact us by phone: 816-931-6300  Office or 816-210-3613  Cell.Back to top of the page Preparing for Your Mediation  Preparation is the key to a successful mediation from the standpoint of an attorney.  A successful mediation depends on both the mediator's and counsel's preparation.  The parties' lack of preparation can present an insurmountable obstacle to settlement.  Counsel should treat preparing for mediation as the equal of preparing for any other significant step in the case. If you want to enhance your chances of settling at the mediation, preparation is your key.  1) Prepare Your Client:  If this is your client's first mediation, walk him through the process, and explain what to expect from the opening session, caucuses, and down time.  Explain the nature of mediation, particularly why and how mediation is different from trial in a courtroom.  Make sure that your client understands the strengths and weaknesses of the case, including the downside risks, uncertainties and costs of continuing litigation.  2) Be realistic and don't let your client get stuck in an unrealistic mode of thinking that the case is a "home run".  Your client will not want to negotiate if he gets anchored to a specific result, outcome or dollar amount.  Help client be flexible and open minded.  3) Encourage your client to interact with the mediator on a personal level, treating the mediator as a confidant and not an adversary the client must persuade.  4) Prepare for mediation, not trial:  in mediation, attorney advocacy has to take a back seat to negotiation. Strong advocacy tends to provoke a similar response in the client and can lead to the hardening of bargaining positions.  5) Evaluate the strengths and weaknesses of your client's case objectively. What is the most likely - not potential - range of a jury verdict in the case?  What conclusions is the judge most likely to make?  6) Resist the temptation to take on your client's animosity toward the adversary or adverse counsel.  Keep your distance from your client's anger - it is best for your client and will benefit the mediation. 7) Exchange information if you have not done so, consider a full exchange of non-confidential information about the case with the other side before the mediation. It is an easy way to avoid fact disputes that sometimes get in the way of serious negotiations.  8) Prepare mediation briefs for the mediator that include the facts, the law, important discovery issues, summary judgment or dismissal suggestions in support, possible trial issues including difficult evidentiary issues, instructional issues or any other matter potentially relevant to the case and thus the mediation. This is your opportunity to have an experienced trial judge give you a sense of likely rulings on legal arguments or evidence.Back to top of the page During the Mediation  1) Do your best to maintain an attitude that will facilitate discussion of issues and negotiations. Do not criticize the other party or lawyer, complain about their "tactics" or negotiation style, or question whether they are negotiating in good faith.  2) Be patient.  Don't pursue a "cut to the chase" negotiation strategy and make your "final" offer right away.  In the hundreds of mediations I have handled, this strategy has never yet resulted in settlement. Why?  Because the other side will not believe your offer is truly final if it comes too early in the mediation.  By doing so you will either create an impasse before the parties have had time to reach the zone of potential settlement, or you will have to capitulate and continue negotiating beyond your "final" position.  3) Avoid spending time negotiating in a place beyond the likely range of settlement discussions. It tends to discourage the other side from taking you seriously, and might bring about impasse when there is still plenty of negotiating room on both sides.  4) Be honest with your client despite a natural reluctance to give your client a candid (i.e. negative) assessment of the case for fear of seeming disloyal or uncommitted.  My assessment can help the client avoid responsibility for compromising the case, their principles, etc.  Let me help you bring reality to your client's perspective. 5) Do not use surprise as a negotiation tactic - it may embarrass opposing counsel and cause the lawyer and her client to react by engaging in similar tactics, which can lead to a breakdown in negotiations.Back to top of the page The Mediation Session:  What takes place?  1) All parties will be present as well as counsel.  Typically an insurance representative will also be present and/or an owner or manager of a business, depending on the case type.  2) All participants meet in a joint session.  After the mediator's introductory remarks and the signing of the Agreement to Mediate, the parties may proceed immediately to caucusing, or each party may make an opening statement, depending on the most productive style of mediation for the case.  This will be determined prior to the mediation.  3) Caucuses:  After the joint session, the mediator will meet privately with both sides in separate meetings or caucuses.  In these confidential sessions the mediator discusses the case with counsel and the parties, assesses the risks of the case, considers the best and worst outcomes, the quality of the evidence, the costs of litigation and other factors.  The mediator will explore possible settlements, and will likely go back and forth between the parties to explore possible settlements.  4) Written Agreement: When the parties reach a settlement, it will be reduced to writing as required by Missouri law.Back to top of the page If the case doesn't settle?  While most cases do settle at the mediation, if the case does not settle during the mediation, Jay Daugherty will conduct follow up mediation sessions by phone until Jay has made all reasonable efforts to resolve the case.  There will be no charge for these phone sessions.  Sometimes the parties need a second face to face mediation session. In that event, the parties will schedule and Jay will conduct the added sessions like the initial face to face session.  There are additional hourly charges for these supplementary face to face sessions.Back to top of the page Confidentiality  The parties recognize that mediation proceedings are settlement negotiations and that all aspects of the mediation are inadmissible in any related litigation or arbitration proceedings.  Evidence that is admissible or otherwise discoverable shall not be rendered inadmissible or nondiscoverable as a result of its use in the mediation session.  In the event the parties do reach a settlement, the terms of the agreement will be reduced to writing and may be admissible in any effort to enforce the settlement agreement, unless the parties agree otherwise.  Any information disclosed to the mediator in private caucus shall remain confidential unless the party agrees it may be disclosed.Back to top of the page Mediator Not Acting As 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.Back to top of the page   Ease of Scheduling  Scheduling mediation should be easy.  No phone calls or calendar chasing required.  Click on the icon below, follow the directions and your mediation is set immediately while online. Schedule Mediation Online 
Nothing contained herein is intended to give legal advice.  Individuals should always consult with an attorney before entering into a contract.