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Mediation is About Listening

Welcome to my website.  First, a few words about my approach to mediation.

A good business dispute mediator must be able to evaluate a case in short order . . . identify the strengths and weaknesses of each party’s case, sort through and prioritize complex factual situations and apply substantive and sometimes obscure legal principles.  Over the years, a good litigator develops these abilities together with a “gut” sense of a case’s “warmth” and the likelihood of success.

But that’s not enough.  A good mediator pretty much keeps the evaluation to himself or herself and uses it for asking questions to fill in gaps.  In addition to evaluation, however, a good mediator must also be a very good listener . . . because that’s what really happens in a mediation session.

Mediation is based on enabling the parties, not their lawyers, to craft their own terms of a settlement, based on their personal values.  While lawyers are trained to focus on the law and a dispute’s objective facts, the parties’ stated positions are driven by the facts as they see them, generally a highly subjective . . . even emotional . . . matter, making it necessary to identify the core factors or interests driving each party’s outward positions.  To do this, a good mediator must be a very good listener . . . respectful, sincere and non-judgmental.  If so, the parties will respect and trust the mediator as impartial, opening the way to a fruitful discussion.

WHO I AM

Dan Cofran, a Best Lawyer in America, has practiced law in Kansas City for 40 years in corporate and commercial litigation, commercial real estate transactions and land use law.  He is active in Kansas City civic affairs, including serving eight years on the Kansas City, Missouri City Council, as a board member of numerous civic organizations and a recipient of many civic honors.

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WHAT I DO

I specialize in business dispute mediation. Mediation is a facilitated settlement negotiation. Regardless of the kind of case, it is necessary to formulate a negotiating strategy beforehand. In business disputes, however, the strategizing is likely to be more complex.

 
 

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WHERE I PRACTICE

I practice throughout the greater Kansas City metropolitan area. I am a member of the Kansas and Missouri bars, as well as a Supreme Court-approved approved mediator in both Kansas and Missouri.  I also volunteer my time in the Johnson County, Kansas District Court’s pro bono mediation program for Ch. 61 cases.
 
 

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Dan was an excellent mediator.  Even though the case did not settle, he stayed with us (both attorneys) until the case was eventually resolved.  His “post-mediation” work was essential to the resolution.
  
Bradley C. Nielsen, Franke Shultz & Mullen, PC

Dan served as a mediator in a case in which I represented a defendant who had been sued.  Dan did a tremendous job of understanding each side’s position & helping to shape a resolution to this matter.  Thanks to Dan’s creativity, hard work & persistence the parties were able to resolve their case before trial.  I strongly recommend Dan as a mediator.

Dan was professional and knowledgeable.  He understood the issues and presented alternatives and suggestions that were very helpful.  The case was settled to the satisfaction of all parties and this was almost exclusively due to the job that Dan did for us.  I would highly recommend Dan to anyone seeking a mediator for their litigation.

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Please feel free to get in touch and I will get back to you as soon as possible.

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