msb, Author at Morefield Speicher Bachman, LC

Mediation: Taking the Uncertainty Away from Trial and Reaching an Agreed Outcome

Are you involved in a lawsuit and facing the uncertainty of a trial? Are you looking for a way to avoid that uncertainty and reach an agreed outcome? If so, mediation may be the answer. Mediator and trial attorney Rick Morefield had a recent experience that demonstrates how the outcome of a trial depends as much on the jurors selected to decide the case as it does on the quality of the case or the skill of the lawyers. ABOTA and ABA Offer Trial Academy for Less Experienced Lawyers: Lessons Learned from a Product Liability Case In September 2022, the American Board of Trial Attorneys (ABOTA) and the American Bar Association (ABA) Tort Trial and Insurance Practice Section offered a one-week Trial Academy to provide training for less experienced trial lawyers. Mediator and trial lawyer Rick Morefield was one of the instructors and mentors. During the week, the students got to practice and receive training on jury selection, opening statements, direct examination, cross examination, and closing argument. At the end of the Trial Academy, the students conducted a full trial in front of a jury picked from the normal state court jury pool in Reno, Nevada. This year’s trial was a product liability case involving a young boy who allegedly suffered a traumatic brain injury that was caused by a defective roller coaster. The Trial Academy had enough jurors available that it was able to have the entire jury pool observe the trial, but then it split the jury pool into two separate juries for deliberations. The two juries deliberated in separate rooms while the students and instructors watched the deliberations on a video feed. One group of jurors rendered a verdict for the plaintiff and awarded $5 million in damages. The other group of jurors rendered a verdict for the defendant. It is shocking that two juries who heard the same facts and arguments presented by the same lawyers at the same time reached such wildly different verdicts. Although this was an unexpected outcome, it was a valuable lesson for both the students and the instructors. The same thing can happen in a real trial. Regardless of the skill of the lawyers and the justice of the cause, trial lawyers and their clients are ultimately at the mercy of their jury. The Importance of Mediation This is why mediation is so important. A skilled mediator can help all parties see what could go wrong at trial and avoid the uncertainty of a jury verdict. Mediation allows the parties to bypass the uncertainty of trial and the unpredictable nature of juries. Mediation allows the parties to control the outcome of their case by reaching a settlement with the assistance of a skilled mediator. Save Time, Money and Relationships While mediation does not guarantee that an agreement will be reached, it does provide an excellent opportunity for parties to have honest discussions with a neutral mediator about the strengths and weaknesses of their case. This can save time, money and stress associated with trial. Mediation can also help to preserve relationships between people who will have to do business with each other in the future. Avoid Lengthy Trials and High Legal Fees Mediation gives parties the chance to find a resolution that works for both sides and that takes less time and money to achieve. By reaching an agreement through mediation, parties are able to minimize costly court fees, expert witness fees, attorneys fees, and the time associated with a lengthy trial and possibly an appeal. MSB Law: Your Trusted Partner in Mediation Mediation is a great alternative to trial for resolving legal disputes. MSB Law provides highly experienced Overland Park and Kansas City mediation lawyers for many different types of claims and disputes. Rick Morefield heads the firm’s mediation services practice and regularly serves as a mediator in Overland Park, Kansas City and throughout Kansas and Missouri. If you need a mediator, call us at (913) 839-2808 to get on Rick’s schedule!

Taking Action After a Wrongful Death: What Families Need to Know

Personal Injury / By msb

For families that have suffered the loss of a loved one due to an accident or another’s negligence, the grief can be devastating. Unfortunately, this tragedy can be compounded by ongoing financial and emotional burdens. If your family has been affected by a wrongful death, you may have legal recourse available in the form of a wrongful death lawsuit. At Morefield Speicher Bachman, we understand that taking legal action may seem daunting, but we are here to get justice on behalf of those who have lost their loved ones. In this article, we will provide an overview of wrongful death lawsuits and what families need to know. Qualifying Factors for Wrongful Death Cases: Under the law, a wrongful death claim can be made for the death of a family member when the death was caused by another’s negligence or misconduct. In order to qualify for this type of lawsuit, families must prove that their loved one’s death was caused by the wrongful action or inaction of another party. Examples of cases that can qualify for wrongful death claims include car accidents, medical malpractice, product defects or dangerous products on the market and workplace negligence or mishandling of hazardous materials. When the death was caused by workplace negligence, the claim may need to be brought through the workers compensation system. Who is Liable in a Wrongful Death Case? Liability in these types of cases depends on many factors, but typically any party whose negligence caused the death of the deceased can be liable. This includes medical professionals who failed to provide adequate care to their patient, employers whose actions violated safety regulations leading to a workplace accident, drivers who were under the influence or negligent when operating a vehicle, and property owners who did not maintain safe conditions on their premises. Depending on state laws and individual circumstances, other entities may also be held accountable for wrongful deaths. Rights & Damages Claimable Under Law In cases of wrongful death, family members may be able to pursue damages for medical expenses incurred prior to death, loss of financial support from the deceased individual, emotional distress due to losing a loved one, funeral expenses and more. Additionally, punitive damages may be awarded in extreme cases where the wrongdoer’s conduct was reckless or intentional. As each case is unique and state laws vary when it comes to rights and remedies available after wrongful deaths occur, it is important to contact an experienced wrongful death attorney who can evaluate your situation and determine if you have grounds for filing a claim against those at fault. We regularly handle wrongful death claims in Kansas and Missouri. Contact Our Overland Park Wrongful Death Lawyers Today Determining responsibility for wrongdoings can be difficult without professional guidance – working with an attorney ensures that all steps taken during litigation are legally sound so you do not miss out on any potential benefits due under the law. If you have recently lost a loved one due to another’s mistakes or irresponsibility, do not hesitate to get help from one of our experienced wrongful death attorneys. Call us today at (913) 839-2808.

Injured in an accident? Our Overland Park commercial truck accident attorneys are here to assist you

Who is Liable in a Commercial Truck Accident? Unveiling the Corporate and Personal Responsibilities of Personal Injury Cases

Personal Injury / By msb

If you or a loved one is involved in a commercial truck accident, the question of who is liable for the resulting damages can be difficult to answer. While it’s clear that the truck driver and their employer share responsibility for any personal injury claims, determining how much liability each party holds can be complicated. In this article, we’ll discuss legal issues related to personal injury cases involving commercial trucks and why it’s important to understand the corporate and personal responsibilities of everyone involved. If you have any questions, please do not hesitate to contact our Overland Park Truck Accident Lawyers. Understanding Corporate Liability When it comes to commercial truck accidents, the responsible party is determined by a complex set of laws and regulations. Companies are held responsible for any injuries caused by their drivers or vehicles, even if those injuries were the result of individual negligence. This means that the company must be able to demonstrate that they had taken reasonable steps to protect the public from accidents. For example, if a driver works for an employer who has failed to provide sufficient training or maintain their vehicles properly, then the company can be held liable for any resulting personal injury claims. Additionally, employers may be liable if they have failed to regularly check their driver’s records or investigate past performance, or if they have ignored warning signs that their driver is not driving safely. In many cases, truck drivers are independent contractors and not employees of the trucking company. This can further complicate the issue of fault and liability. Personal Responsibility in Truck Accidents Companies are not solely responsible for all truck accident cases. Drivers may bear some responsibility as well, depending on the circumstances of each case. If a driver was speeding or operating a vehicle without proper licensing and supervision, then they may also be liable for any resulting damages. Furthermore, drivers who fail to abide by traffic laws or company policies could be liable for any personal injury claims stemming from their negligence. Drivers are also required to follow regulations regarding the number of hours they can drive before they take a break and regarding maintaining their log books. In some cases, both the company and the driver can be found at fault for an accident. In these situations, it’s essential to determine exactly how much responsibility each party holds in order to properly pursue legal action against them. Factors That Determine Fault in Commercial Truck Accidents There are many factors when it comes to determining fault in commercial truck accidents, the following are some of the most important ones. There are too many potential factors to include all of them in a brief article. That’s why retaining a lawyer early is so important. Speed – If the vehicle was traveling at excessive speeds beyond legal limits or what is considered safe driving conditions at the time of the accident then they could potentially be found negligent. Weather Conditions – Companies must take extra precautions when sending out trucks during inclement weather. Poor weather conditions can make it more difficult for large vehicles to maneuver safely. Vehicle Maintenance – Companies must ensure that all vehicles associated with their business are properly maintained so as not to pose danger on roads. Malfunctioning brakes, faulty wiring, and other technical issues could prove costly if they lead to an accident. Driver Negligence – Finally, companies must ensure that all drivers hired have valid licenses and have undergone proper training in order to reduce risk while on the road. Drivers should also adhere strictly to traffic laws and policies established by their employer so as not put themselves or others in danger. Conduct of the Employer – If the company has failed to properly train and supervise its drivers or if it has ignored evidence that one of its drivers has been failing to comply with driver rules and regulations, this may lead to liability. Our Overland Park Personal Injury Lawyers Can Help If you have been injured in a commercial truck accident, our Overland Park personal injury attorneys are prepared to help you. Our law office knows how to help clients get the compensation they deserve. Contact us today at (913) 839-2808 to schedule a free consultation.

Technology’s Impact on How We Work

Personal Injury / By msb

Our law firm has always put an emphasis on taking advantage of advances in technology, from the way we communicate with clients to the way we research and prepare for cases. Personal injury law firms, like us, have especially benefited from this, allowing us to provide better service to our clients and increase efficiency. Regardless of where you live in the United States, our personal injury lawyers are here to help. Do not hesitate to call us at (913) 839-2808. Improved Communication The ability to communicate with clients more effectively is one of the most significant changes that technology has brought to personal injury law firms. Thanks to video conferencing, online chat features, and other communication technologies, lawyers and their teams are now able to communicate quickly and effectively with their clients. Lawyers can also now provide a better configured service to their clients and respond to inquiries with more urgency. Research and Preparation Secondly, research, preparation, and heading to trial have been streamlined by technology. Lawyers now have access to a wealth of information quickly and easily through extensive online databases and access to their peers. As a result, they are able to better understand all aspects of a case and prepare more effective arguments. Additionally, technology allows lawyers to access and organize court documents and other legal resources more easily, enabling them to better prepare for court appearances. Moreover, it allows them to minimize travel, saving the client time and money. Streamlined Operations Lastly, technology has enabled personal injury law firms to streamline their operations. Using cloud-based software, lawyers and their teams can now access and store documents from anywhere, improving their efficiency. Furthermore, technology has enabled lawyers to automate many tasks, such as billing and document management, allowing them to focus more on their cases. Another exciting development has been the improvement of evidence presentation technology. We are able to quickly and efficiently access, present, and highlight evidence at trial through applications such as TrialPad, TranscriptPad, and many others. Overall, technology has profoundly impacted the way personal injury law firms operate, more specifically, the way our firm operates. As technology evolves, we will continue to adapt and grow. We are ready to assist you with your personal injury claim at Morefield Speicher Bachman. Please do not hesitate to reach out to our expert personal injury attorneys at (913) 839-2808.

Myths and Misconceptions About Personal Injuries

Personal Injury / By msb

Myths and misconceptions permeate all aspects of our lives. In the area of personal injury law, lawyers are familiar with these myths which can have detrimental effects on people seeking help. Myths such as, “I’m not injured enough to file a claim” and, “insurance will cover all of this” prevent injured people from seeking the help they need. This article discusses some of these and why they are not true. An experienced personal injury attorney can help you determine if you have a case. Please do not hesitate to contact our attorneys (913) 839-2808 Myth #1 – The Same Rules Apply to All Personal Injuries This is not true. For example, if you are injured on the job, different rules apply than if you were injured in a car crash unrelated to your work. Different rules apply to injuries that occur in different states. Your right to recover compensation for an injury can be affected significantly by the circumstances surrounding it. A personal injury lawyer can help you determine the type of personal injury case you have so that you can take the necessary steps to recover the compensation you deserve. Myth #2 – Personal Injury Lawsuits Only Cover Physical Damage False. You can seek compensation for many things related to suffering a personal injury. A few examples of these are punitive damages, emotional distress, pain and suffering, lost wages, and medical bills. Just because you cannot see an injury does not mean it does not exist. Myth #3 – My Injuries Are Not Severe Enough After an accident, many people tend to overthink their situation. Regardless of how minor your injuries seem, you should consult a lawyer. Some injuries do not involve a great deal of medical treatment, but they cause significant pain, inconvenience, or disability. Although your medical treatment is an important factor in a case, the dollar value of your medical bills does not determine the value of your case. Furthermore, some injuries may worsen over time, so it is better to be safe than sorry. Our team would be more than happy to answer any questions you may have regarding an injury. Myth #4 – All Damages Will Be Covered By Insurance Many insurance policies do not cover all of the costs associated with accidents. And, it is common for insurance companies to act only in their own best interests. Paying out less money increases their profits. Our attorneys can help you recover all of the compensation you deserve. Myth #5 – I Have Time To File My Personal Injury Claim This is not always true. Each state has specific statutes of limitations (deadlines to file a lawsuit). We handle Missouri and Kansas personal injury cases. Kansas and Missouri have different statutes of limitation. To ensure that your claim is not barred by the statute of limitations, it is advisable to file it well in advance. Waiting until the last day to file suit is generally unwise. Your lawyer will be able to get better results if he or she is able to investigate your case as early as possible. Witnesses’ memories may fade and evidence may disappear or be destroyed if you do not act quickly. Time is of the essence. We Are Here For You An experienced personal injury lawyer can determine whether you are entitled to compensation if you are injured in an accident. At Morefield Speicher Bachman, we have a long history of handling personal injury cases. Don’t hesitate to contact our lawyers at (913) 839-2808.

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

Car Accident, Personal Injury / By msb

Each year, car manufacturers showcase their newest designs and boast about their latest and greatest accolades and features. Dealerships rely on skillful marketing to keep consumers buying their latest models. As far as vehicle safety is concerned in the United States, cars have come a long way, and they only continue to improve. Despite the improved safety features, car fatalities continue to rise. From 2020 to 2021, there was an increase of 10.5% in the number of fatalities, the highest rate of change since 2005. This article examines the underlying reasons. Please don’t hesitate to contact our world-class personal injury lawyers at (913)-839-2808 if you or a loved one has been involved in a motor vehicle accident. Our Vehicles: What’s Changed? Vehicles and the technology within them have changed drastically over the past century. Of these changes, the weight of vehicles has been one of the most significant contributors to the increasing death rate. In auto accidents, heavier vehicles are more likely to kill pedestrians and cause greater damage. Not only are cars heavier than ever, but they are also larger. Due to this increase in size, drivers have more blind spots and rely heavily on technology to be alerted to hazards or people. The Institute for Highway Safety reports that larger vehicles, such as SUVs, pickup trucks, vans, and minivans, are much more likely to hit pedestrians than smaller vehicles. Driver Behavior Has Worsened In addition to changes in the size and weight of cars, changes in driver behavior also contributes to the death rate. During the pandemic, Americans were driving less than ever, but as restrictions eased, more and more people got back on the roads again. Fast forward to a year after lockdown and the fatality rate was significantly higher than years past. Experts found that this was due to an increase in reckless driving. This trend has unfortunately continued into 2022. In order to combat this, experts recommend standardizing car safety technologies, lowering speed limits in urban centers, and improving pedestrian infrastructure. Car Focused Infrastructure Most American cities are designed around cars, not people. As a result, urban areas are particularly difficult to navigate for those who walk, bike, or use other modes of transportation. Cities across the nation have recognized this problem and are working to raise driver awareness levels. By changing our infrastructure to be more centered on pedestrians, we can achieve this. Helpful changes include things like installing speed bumps, narrowing lanes, lowering speed limits, and improving public transportation. Although there is no one-size-fits-all solution to reducing vehicle-related fatalities, we need to continue addressing city, road, and car safety issues if we are to create a safer environment for future generations. We Are Here to Help In the event that you were injured in an accident as a driver, passenger, or a pedestrian, you should consult with one of our world-class car accident lawyers. We have helped hundreds of car accident victims with our Overland Park Car Accident Lawyers’ expertise. Please feel free to contact us by phone at (913)-839-2808.

Kansas and Missouri are No Exceptions to the Nationwide Problem of Drinking and Driving

Personal Injury / By msb

Driving under the influence of alcohol is one of the most selfish and negligent things a driver can do. An individual who has a blood alcohol concentration of .08 or higher is considered legally intoxicated. According to statistics provided by MADD (Mothers Against Drunk Driving), 61% of the defendants involved in fatal crashes in 2020 had BACs above .15. Don’t hesitate to contact an Overland Park drunk driving accident lawyer if you are involved in a crash caused by an impaired driver. Steps to Take After a Drunk Driving Accident You may already know what to do following a car accident. It is important to know how to handle the situation if you believe a drunk driver hit you: Report the Drunk Driving Accident to the Police. It is important for your case that the police evaluate the other driver and take samples of breath, blood, or urine as appropriate. Obtain a copy of the police report if the accident has already been reported. Share this with your lawyer. Contact your insurance company. It is still necessary to contact the insurance company even if the drunk driver was clearly at fault. The best practice is to have your lawyer handle communications with the insurance carriers, but if you are contacted by the carrier, it is best to stick to the basics of what happened. You should avoid making statements about your medical condition before you have been evaluated by a doctor. See a Doctor. Consult a doctor as soon as possible for treatment. During the doctor’s appointment, describe all symptoms clearly, and tell him or her the injuries occurred in a collision. Consult an Overland Park drunk driving accident lawyer promptly. The attorney will gather any available evidence before it disappears, and provide expert advice moving forward. Document costs and losses. It is a good idea to keep all the paperwork received (such as medical bills, insurance papers, and employment records), as well as create notes to your lawyer about how the injuries affect your everyday life. Protect Your Rights with Legal Representation You are entitled to compensation for your losses when you are the victim of a drunk driving accident caused by someone else’s negligence, carelessness or intoxication. A person who is negligent on the road and acts in a dangerous manner can be held responsible for all of the accident-related losses. The attorneys at Morefield Speicher Bachman, LC understand the complexities of the law. We have recovered millions of dollars for families who have suffered due to the carelessness of drunk drivers. In the event that you have been seriously injured or suffered significant property damage through an accident caused by a drunk driver, it is crucial to understand your legal rights and options. Please call (913) 839-2808, or email MSB and let us help you through this difficult time.

Business Contracts: Where to Start and What to Do

Business Law / By msb

Contracts can be oral or in writing. Good business practice is to always reduce your agreement to writing. Regardless whether oral or written, a contract is an agreement between two parties that binds them to carry out (or not carry out) certain or specific actions. The requirements of a contract are an offer, an acceptance of that offer, and some type of “consideration” such as payment in exchange for services provided. A written contract should be the manifestation of the parties’ meeting of minds over those basic elements. A written contract is easier to enforce than a verbal contract, especially when it is well written and clearly outlines the rights and responsibilities of the parties. Written contracts also help avoid future disputes that arise from confusion or disagreement about what may have been verbally agreed to. Strong, healthy, and mutually beneficial business relationships are often based on written contracts. In a contract, the expectations between the parties (the people or businesses signing the contract) are defined, and agreements are clarified, so all parties involved know what to expect from the other party, and what is expected of them. A solid contract that details your expectations and explains your rights and remedies is critical to protecting your interests. Contracts Should Be Specific, Not General Informal or short summary agreements may feel easier to maintain, or feel like an expression of trust and honor. However, without clearly detailing the agreed terms, an informal or short agreement may place you at unnecessary risk and threaten to destroy business relationships. Contracts that are first negotiated, then well-drafted in detail, can clear up discrepancies and prevent misunderstandings that lead to wasted time, money, and resources in the future. If a party is uninformed or unsure of what to expect in a business relationship, it can lead to controversy and lawsuits. It is imperative to make it very clear in the contract the expectations of the parties. Be careful not to use vague or open-ended terminology. By being specific, many conflicts can be avoided. In order to be successful, all parties must be on the same page! Could Uniform Contracts Be a Good Fit for Your Organization? It can be a great idea to have a standardized form contract, if you provide the same goods and services to the same kind of clients on a regular basis. When you need to develop a standard form contract that best meets your needs, it is always advisable to seek the help of a qualified business lawyer. Business law attorneys will help ensure the standardized contract is well written and includes all the protections you and your business need. Contract Termination Details: Why Are They Important? Before a contract is signed, it should be carefully read and renegotiated if any terms seem difficult to meet. Business law attorneys can assist clients with this process. If the terms do not satisfy all parties, the contract can be abandoned and the parties can walk away with no agreement. Once the contract is signed, however, it can only be terminated in certain circumstances. Defining in the agreement when a contract can be terminated can be a valuable tool to prevent future disputes. Terminating a contract refers to ending it before the parties have completely fulfilled all terms. A termination may be allowed when permitted by certain laws or the terms of the contract. These reasons sometimes include the following: impossibility of performance or execution, mutual agreement, or breach (violation) of certain terms of the contract. Sometimes, this means a party may be released from finishing their obligations under the contract. But sometimes, terminating a contract without good cause or legal justification can lead to an expensive lawsuit. As a result, good legal advice should be sought when considering terminating a contract. How Should You Go About Building a Contract? When drafting a contract, it is best to seek the legal assistance of an experienced attorney. Our business law attorneys at Morefield Speicher Bachman understand the laws governing contracts and best-practices procedures, which allows us to determine the language and terms that will best protect you and your business. Businesses frequently encounter disputes and other issues over contracts. It doesn’t mean that your business can’t continue operations. Our business law attorneys at Morefield Speicher Bachman can help you resolve business disputes, and litigate claims when necessary. As a business owner or leader, you can rely on us to help you successfully navigate every step of the dispute resolution process while you stay focused on operations. Call (913) 839-2808 today to speak with one of our business law and litigation attorneys.

Pursuing Compensation Through the Missouri Tort Victims’ Compensation Fund

Personal Injury / By msb

When you have been injured by the negligence of a third party, the last thing you want to learn is that they lack insurance or other assets to cover the damages. The same is true if they have insurance, but the policy cap is substantially less than what you deserve for medical costs, lost wages and other harms and losses. If the at-fault party is unable to provide you with just compensation, what can you do to take care of yourself and your family? The Missouri’s Tort Victims’ Compensation Fund may be able to offer you some relief in cases like these. What is the Missouri Tort Victims’ Compensation Fund? People who were injured by the negligence of another person but are undercompensated due to lack of insurance, inadequate insurance, bankruptcy, or other reasons may be eligible for compensation through the Tort Victims’ Compensation Fund. The Fund can provide a great opportunity for victims who would otherwise not be able to recover financially due to the negligence of another. How Does the Tort Victims Compensation Fund Work? The Missouri Tort Victims’ Compensation Fund is funded through punitive damages awarded in civil claims across the state. Suppose a drunk driver causes a fatal accident and his family is awarded $100,000 in punitive damages as punishment for his misconduct. Half of the punitive damages awarded to the family goes into the Missouri Tort Victims’ Compensation Fund. Fund payouts are calculated based on the Fund’s total financial value and the number of claims it is currently facing. Currently, the Fund will pay out a maximum of $300,000.00 per case. Am I Eligible to File a Tort Victims Compensation Claim? The injured person must reside in Missouri or have experienced an accident there in order to file a claim with the Tort Victims’ Compensation Fund. If the injured person is deceased, a surviving spouse or specific family member can file a claim. Additionally, one of the following requirements must be met: Despite winning a personal injury or wrongful death lawsuit, the injured person was unable to collect their full monetary award. Injured parties were forced to settle for full policies limits of liability insurance, which did not cover the full extent of damages. Following the final judgment or appeal, claims must be filed within two to five years. It is important to file the claim as soon as possible after the judgment and/or appeal are final. A personal injury attorney can help you determine if you are still eligible. How Can an Attorney Help Me File a Claim? When you have been injured by someone’s negligence, but are concerned the at-fault party will not be able to repay you for the damages they caused, talk to a lawyer to find out if you qualify for the Tort Victims’ Compensation Fund. A lawyer can help you gather and submit the necessary documents and information about the injury, including information about your lost income, your medical records and bills, your other harms and losses, and the amounts available from the defendant or defendants to compensate you. Having an attorney handle your claim will save you time and stress and ensure you receive the maximum compensation available from the Tort Victims’ Compensation Fund. Our Overland Park personal injury attorneys at Morefield Speicher Bachman are committed to obtaining maximum compensation for our clients. Our law office knows how to help clients increase their recovery by exploring their options and filing a claim against the Fund. Contact us today at (913) 839 2808 to schedule a free consultation.

Pros and Cons of Zoom Mediation

Mediation and Arbitration / By msb

During the Coronavirus pandemic, many people turned to Zoom and other virtual platforms for mediations. Zoom and other virtual platforms provided a social distancing alternative to traditional face-to-face mediations. When considering whether or not to mediate using Zoom or another virtual platform, there are a few pros and cons to consider. Advantages of Zoom/Virtual Mediation Lower Cost Virtual mediation can be substantially less expensive than in-person. The biggest reason for this is the lack of travel time and expenses for the mediator and parties. What might have involved a day of travel or even an overnight hotel stay for a face-to-face mediation is not necessary when mediating virtually. This reduces costs for parties, their attorneys, and the mediator because they will not need to travel to attend the mediation session. This lower cost can also make mediation financially feasible in smaller cases. Eliminates Geographical Barriers Zoom mediations offer much more flexibility for parties spread across geographical locations. In many cases, time devoted to the mediation process can be reduced substantially. With virtual mediation, scheduling becomes easier. Zoom mediation can eliminate geographical barriers and physical barriers for those who are severely disabled, in poor health, or who reside a great distance from the mediator. Security and Privacy Virtual platforms for mediation now have security and privacy capabilities such as Zoom’s waiting room feature which gives the mediator the ability to have control over when the parties join the mediation. Zoom allows the parties to enable end-to-end encryption which secures the participants’ communications with cryptographic keys that are only known to the devices of those participants. Keeping the meeting’s private keys secure ensures that unwanted third parties will be able to access the meeting. However, enabling end-to-end encryption can disable certain Zoom features that are useful in mediation such as breakout rooms. The parties and the mediator have the ability to select the security and convenience features that work best for their particular mediation. Breakout rooms in Zoom allow the mediator to meet privately with each party and their attorney. The mediator can put each party in a private breakout room and have independent discussions in the same way that the mediator would use separate conference rooms in an office. Disadvantages of Zoom/Virtual Mediation While the following disadvantages of Zoom mediation may not be present in every situation, there are some potential downsides to conducting mediation virtually. Less Non-Verbal Communication Meeting with people on a screen has some major differences from meeting face-to-face. Virtual mediation may deprive parties of the opportunity to read non-verbal cues and body language. When the mediator has never met the parties or lawyers in person, they must work differently to establish the same rapport. Having video mode on is certainly more beneficial than strictly audio calls, but it still may be difficult to observe eye contact, body language, and other forms of non-verbal communication. People who are unfamiliar with Zoom or other such platforms might feel that they cannot establish the same level of connection with the mediator or the other side, which may hurt the chances for a successful mediation. While remote mediation does change some aspects of human interaction, most people do find that feelings of discomfort dissipate with time and genuine connections are still attainable. We have found that Zoom mediations can be very effective. Less Commitment The lower cost and greater convenience of virtual mediation is one of its greatest advantages. But, this advantage is also one of the biggest disadvantages of virtual mediation. Because virtual mediation is less expensive and more convenient than in-person mediation, the parties can be less committed to the mediation process in some cases. There is a legitimate concern that one or all parties will not take the process as seriously as if they had to dedicate travel time and expenses. When a party sends a representative across town, or books a flight on an airplane, they’re more likely to be serious about getting something accomplished. For mediation to work, the parties must be committed to the process. Although this disadvantage is real, we have found that the mediator and the parties can work together in advance of the mediation to make sure everyone is committed. When the parties are mediating by Zoom, it is important for the parties and the mediator to frankly discuss the issue of commitment. Technical Issues Technical issues can cause distractions and impact the success of the mediation. If a party’s internet connection is not strong, or if their laptop or computer is malfunctioning, it can interrupt the flow of the mediation and this can impact the parties’ ability to get the most out of the mediation. It is the mediator’s responsibility to work with the parties in advance to be sure that the parties have the technology to participate in the mediation in a meaningful way. In Conclusion… Virtual mediation on platforms like Zoom developed rapidly out of necessity, but it is here to stay. Although there can be drawbacks to virtual mediation, there is no reason that virtual mediations cannot be successful if the parties plan for and consider the advantages and limitations of the technology. At Morefield Speicher Bachman, LC, Rick Morefield is prepared to serve as a mediator in person or over Zoom. He has had experience and success with both virtual and in-person mediations and is comfortable assisting parties who have never mediated over Zoom. All of the lawyers at Morefield Speicher Bachman, LC are prepared to mediate for their clients in both virtual and in-person settings. Your preferences are important to us and we will continue to offer to each and every one of our clients the opportunity to meet with us–on your terms. We are here for you. Contact us today at (913) 839 2808 to discuss our mediation services.

msb

Mediation: Taking the Uncertainty Away from Trial and Reaching an Agreed Outcome

Taking Action After a Wrongful Death: What Families Need to Know

Who is Liable in a Commercial Truck Accident? Unveiling the Corporate and Personal Responsibilities of Personal Injury Cases

Technology’s Impact on How We Work

Myths and Misconceptions About Personal Injuries

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

Kansas and Missouri are No Exceptions to the Nationwide Problem of Drinking and Driving

Business Contracts: Where to Start and What to Do

Pursuing Compensation Through the Missouri Tort Victims’ Compensation Fund

Pros and Cons of Zoom Mediation

Choice of Attorney

Other Services

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