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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Kansas, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. It is commonly used in civil lawsuits, and Kansas courts may order parties to engage in mediation before proceeding to trial. While mediation aims to help parties find a mutually agreeable solution, it is not mandatory for them to settle their differences during the process. If an agreement cannot be reached, the case will continue to trial where a judge or jury will make the final decision. Importantly, under Kansas law, communications during mediation are generally confidential and are not admissible as evidence in trial, which encourages open dialogue and negotiation without fear of compromising a party's position should the case go to court.

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Civil litigation

mediation

Individual & Family Legal Plan

Articles

Kansas State Code

Civil litigation

mediation

Kansas State Code

Articles