Mediation is often an effective method for resolving legal disputes before a trial occurs. In Missouri, like in many other states, mediation has gained recognition as a valuable tool in the legal system, offering parties the chance to find common ground, reach agreements, and maintain control over their own destinies.

Understanding Mediation

Mediation is a voluntary, confidential, and informal process where a neutral third party, the mediator, assists the parties in reaching a mutually acceptable resolution to their lawsuit. In Missouri, this process is most often used in civil cases, including divorces and child custody situations. It may even be used in some criminal cases. Missouri courts recognize the value of mediation in saving time, money, and preserving relationships.

The Mediation Process

1. Selection of Mediator: In Missouri, parties may select their mediator, or the court may appoint one. The mediator should have specific expertise in the type of dispute being mediated.
2. Initial Meeting: The mediation process begins with an initial meeting where all parties and the mediator discuss the dispute, establish ground rules, and agree on the process.
3. Private Sessions: During mediation, parties may have private sessions with the mediator to discuss their interests, concerns, and potential solutions. This ensures that all parties feel heard and understood.
4. Negotiation: With the mediator’s guidance, the parties engage in negotiation. The mediator helps them explore options and find common ground.
5. Agreement: If an agreement is reached, it is put in writing and signed by all parties. This agreement becomes legally binding and enforceable in court.

Benefits of Mediation in Missouri Courts

1. Cost-Effective: Mediation is often less expensive than litigation. It can save parties from incurring additional court costs, attorney fees, and other legal expenses.
2. Time-Saving: Mediation typically takes less time than the full work up of a jury or bench trial, which can drag on for months or even years. A quicker resolution is especially beneficial in civil disputes where time is money.
3. Greater Control: Parties have more control over the outcome of their dispute in mediation. They can craft solutions that suit their unique needs, rather than relying on a judge or jury’s decision.
4. Preservation of Relationships: Mediation is a collaborative process that often preserves personal and professional relationships, making it an excellent choice for family, business, and community disputes.
5. Confidentiality: Mediation is a private process, and the discussions and negotiations that occur during mediation remain confidential. This can be crucial in maintaining privacy and protecting sensitive information.
6. High Success Rate: Mediation has a high success rate in Missouri courts. Parties are more likely to be satisfied with the outcome when they actively participate in crafting their solutions.

Conclusion

Mediation in Missouri courts offers a powerful and effective alternative to traditional litigation. It provides disputing parties with an opportunity to resolve their issues amicably, saving time and money, and preserving relationships.
In Missouri, whether you’re involved in a civil, family law, or even certain criminal disputes, consider exploring mediation as a viable option. It might just be the key to unlocking a more peaceful and satisfactory resolution to your legal conflicts.
No matter the type of lawsuit you are involved with, mediation may be the most effective way to address your dispute. The attorneys of Kennedy, Kennedy, Robbins, & Yarbro, LC will be happy to assist you. Please contact us or call us at (573)686-2459 to discuss the possibility mediation for your dispute.