Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Alternative Dispute Resolution (ADR) methods, including mediation and arbitration, are ways to resolve disputes outside the traditional court system. In Kansas, ADR is often used in civil, family, employment, commercial, and contract matters. Mediation involves a neutral third party assisting disputing parties to reach a voluntary agreement, while arbitration involves a neutral arbitrator who renders a binding or nonbinding decision after hearing arguments and evidence. Kansas courts, as well as private parties, regularly encourage or require ADR as a means to settle disagreements in a more timely and cost-effective manner.
Individuals and businesses may need legal counsel in ADR mediation and arbitration for several reasons. Lawyers can help explain the process, ensure that rights are protected, draft or review agreements to be clear and enforceable, and advocate for the best possible outcome. Common situations where legal help is invaluable include:
Kansas law encourages the use of ADR and provides a legal framework for both mediation and arbitration.
Mediation is a confidential process where a neutral mediator helps disputing parties try to reach a voluntary agreement. Arbitration is more formal and involves one or more arbitrators who listen to each side and make a decision that may be legally binding.
Some Kansas courts require parties to try mediation, particularly in family law cases. For civil matters, ADR is typically voluntary unless a contract provides otherwise.
Parties usually agree on the mediator or arbitrator. If they cannot agree, the court or an administering body may appoint someone for them.
Yes. You have the right to consult with, and be accompanied by, a lawyer during ADR processes in Kansas. Lawyers help explain your options, review agreements, and represent your interests.
Yes. Written mediation agreements that are signed by all parties can be enforced in Kansas courts, provided they comply with the law.
Most civil matters can be addressed, including family disputes, contract and business issues, employment matters, construction problems, and more.
Mediation sessions typically take a few hours to one or two days, while arbitration may take longer depending on complexity. The entire process can often be completed in weeks instead of months or years compared to trial.
Costs vary depending on the nature of the case and the professionals involved. Some court programs offer sliding scale fees or free services, while private mediators and arbitrators typically charge hourly rates.
Appeals are limited. Kansas courts will only overturn an arbitration award in cases of fraud, misconduct, bias, or if the arbitrator exceeded their authority.
If mediation does not result in an agreement, or if you are not satisfied with an arbitration award (and there is legal cause), you may still have the option to proceed to court or seek another form of dispute resolution.
For further support, consider the following resources:
If you believe ADR, mediation, or arbitration may be appropriate or are required in your case, consider speaking with an attorney experienced in dispute resolution in Kansas. You can locate lawyers through the Kansas Bar Association or local lawyer referral services. Before your meeting, prepare relevant documents, a summary of your dispute, and any prior attempts to resolve the matter. Ask about your options, expected procedures, and potential costs. If your dispute is already in court, ask your judge or court clerk about the specific ADR programs available in your county. Taking these steps ensures your rights are protected and improves the chances of a satisfactory resolution.
