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Helping People In Wisconsin Understand The Value Of Mediation
Mediation is an effective tool for resolving legal disputes out of court. Attorney John A. Kramer of Kramer Shull Reeths LLP is an experienced and trusted mediator, committed to helping parties and their attorneys resolve their personal injury, insurance coverage, bad faith, and other civil lawsuits and claims.
What Is Mediation, And What Happens During A Typical Session?
Mediation is a form of alternative dispute resolution where parties engage the services of a neutral third party to serve as a mediator to assist them in settling their dispute on mutually agreeable terms. During the mediation session, the mediator helps the parties:
- Clearly define and understand the issues
- Explore the strengths and weaknesses of their positions
- Facilitate discussions and exchange proposals for resolving their conflict
- Reach an amicable solution that works for all parties
Mediation is an effective alternative to litigation, saving the time, expense and unpredictability of going to trial.
What Types Of Disputes Can Be Resolved With Mediation?
Frequently mediated disputes include:
- Personal injury claims
- Property damage liability
- Insurance coverage disputes
- Insurance bad faith claims
- Auto accident liability
- Slip-and-fall and other premises liability claims
- Construction defects
- Breach of contract and business disputes
- Real estate transaction disputes
How Do Parties Prepare For Mediation?
A successful mediation requires the opposing parties to agree on a resolution of their dispute, so preparing is essential. Before the mediation session, each party should:
- Identify their goals
- Assess the dispute from different perspectives
- Set realistic expectations
- Develop a negotiation strategy
- Create an alternative plan if negotiations don’t go the way they expect
The mediator will ask the parties to provide information about the case and their position, and to submit supporting documents before the mediation. This information will allow the mediator to help the parties identify and assess the critical factual and legal issues involved in the dispute during the mediation.
How Is Mediation Different From Arbitration And Litigation?
Mediation, arbitration and litigation are different approaches for resolving legal disputes. Mediation and arbitration are forms of alternative dispute resolution.
Mediation differs from arbitration and litigation because it allows the parties to decide for themselves how best to resolve their dispute, rather than having a judge, jury or arbitrator make that decision. During a mediation session, the mediator meets with each party to help evaluate the facts and legal issues, and explore the strengths and weaknesses of their claims or defenses, and facilitates the exchange of offers and counteroffers between the parties. Mediation allows the parties to settle their dispute on terms acceptable to all sides, saving the time, expense and unpredictability of a trial.
Is Everything Discussed In Mediation Confidential?
Yes, discussions during a mediation session are confidential, except in rare circumstances, such as disclosure of a certain criminal activity or if a party is in danger of harm. Parties can waive confidentiality about information discussed during a mediation session if they choose.
Taking A Personalized And Compassionate Approach
When mediating a dispute, attorney Kramer meets with the parties separately, allowing an open and candid conversation to understand their positions and interests. He provides an honest perspective about the critical factual and legal issues, explores settlement options, and honors each party’s confidences and decisions throughout the mediation process. Effective mediation requires understanding, empathy, candor and patience. Attorney Kramer and the mediation team at Kramer Shull Reeths LLP are dedicated to these principles in every mediation to make the settlement process as smooth as possible.
An Experienced And Trusted Mediator
Attorney Kramer has successfully mediated personal injury claims, insurance bad faith lawsuits and a wide range of other civil disputes. He has earned the trust of parties and their attorneys by effectively communicating with the parties, providing his objective assessment of the issues and finding solutions that allow the parties to resolve their case without enduring the stress and cost of litigation and trial.
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