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E. Dudley Smith

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9393 W. 110th Street
Bldg 51, Corporate Woods, Ste 300
Overland Park, KS 66210
USA
913-339-6757
Fax: 913-339-6187

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Description of Practice

Listed in Best Lawyers in America in Mediation since 2013, and in Civil Litigation since 1991. Listed in Super Lawyers KS/MO in Mediation since 2014. Practice now limited to mediation of civil matters in Kansas and Missouri including business, tort, contract, commercial, medical malpractice, professional liability, insurance, civil rights, personal injury, fee dispute, condemnation, construction, probate/trust, automobile, real estate, products, and other matters. Kansas Supreme Court Approved in Core Mediation and Civil Mediation. Missouri Bar Dispute Resolution Neutral Mediator. Have arbitrated personal injury and energy investment disputes.

Professional Background

Over 40 years of trial and litigation experience in commercial, products liability, vehicular accident, medical, pharmacy, legal and accountant malpractice, business, real estate, construction, municipal liability, insurance, business and other cases in state and federal courts. Since 2008 I went Of Counsel with the firm of Fisher Patterson Sayler & Smith, LLP, with offices in Overland Park, Topeka and Kansas City, Mo., following 40 years as a partner in the firm. I have spoken at legal seminars in the areas of mediation, pharmacy law, medical malpractice law, discovery and trial practice. Admitted to practice law in Kansas and Missouri, the U.S. District Courts for the Districts of Kansas and the Western District of Missouri, Tenth Circuit Court of Appeals, and U.S. Supreme Court.

Experience

I have mediated cases in areas of business, banking, tort, contract, commercial, medical malpractice, civil rights, insurance, personal injury, fee dispute, harassment, products, condemnation, real estate, probate and trusts, vehicular accidents, and others. I have arbitrated matters involving personal injury, and joint venture investments.

Degrees

J.D. (Law) University of Kansas; B.A.(Mathematics), University of Kansas; University of Kansas Law Review

Training

Dates    Trainer(s)    Title   
        Over 120 hours of dispute resolution training.

Approach

Before mediation, I ask for written mediation statements containing factual information related to the dispute, legal issues, impediments to settlement and other issues. I frequently contact the attorneys prior to mediation concerning the issues to be mediated. Mediated disputes are resolved by the parties reaching a solution they agree with, not one imposed by the neutral. In addition to legal and factual issues, business, financial, relationship, emotional and other interests of parties may be factors to consider during mediation. I assist the parties in evaluating the issues to reach an agreed settlement. Mediations are concluded with the parties signing a document containing the terms of agreement that may be judicially enforced if necessary. If not settled at mediation I can assist in continuing negotiations.

Fees

Mediation:$275/hour. No charge for travel time. Arbitration: $325/hour.

Other Information

My broad litigation and trial experience has been very helpful in assisting parties in reaching settlement. Years of litigating cases and participating in negotiations and mediations have provided a basis for understanding the parties' positions and in helping them to understand the positions' of other parties, often needed to reach an agreed settlement.

Areas of Practice

  • Appellate
  • Automotive
  • Business
  • Civil (general)
  • Commercial
  • Construction
  • Contracts
  • Engineering
  • General
  • Insurance
  • Land Use
  • Legal Malpractice
  • Medical Malpractice
  • Oil and Gas
  • Personal Injury
  • Probate
  • Professional Fees
  • Real Estate
  • Sexual Harrassment
  • Trust Management

Professional Services

  • Mediator
  • Mediator-Arbitrator
  • Representational Lawyer
  • Mediating Lawyer
  • Arbitrator
  • Collaborative Professional
  • Facilitator

References available upon request.

This dispute resolution professional keeps liability insurance.





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