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Kathleen Wareham mediates a variety of cases. Her persistent and committed approach and her legal experience make her particularly well suited for the following legal subject matters:
In general, Kathleen specializes in cases characterized by complex legal issues, strong emotional undercurrents, ongoing relationships among parties, or the involvement of multiple parties.
Trust, Estate, and Probate Litigation and Mediation
Many lawyers find advising clients in estate planning to be very satisfying because they serve as true counselors-of-law. Conversely, representing clients in trust, estate, and probate litigation can be a disheartening experience for lawyers, as they witness families disintegrate, uncover breaches of fiduciary duty, or defend against frivolous or false charges of breach of duty. In such cases, mediation can stem the tide of ill will and misunderstanding, and reduce the expense of costly, unpredictable litigation.
At any stage of the litigation process, but particularly early on, mediation in trust, probate, and estate cases can accomplish the following:
- Help parties with ongoing relationships survive the dispute with a relationship intact or at least with hope of reconciliation.
- Help attorneys work with clients whose actions are motivated by both legal and nonlegal issues, including perceptions of favoritism, lack of acknowledgment, and resentment.
- Address complex overlapping legal issues and nonlegal issues that often underlie resistance to settlement of the legal issues, and help the parties move to agreement.
Mediation of trust, estate, and probate disputes is less expensive, more respectful, and more inclusive than most litigation of these disputes. Also, it is often more effective because it allows for creative solutions that a judicially imposed result cannot offer.
Kathleen Wareham’s experience with trust, estate, and probate litigation and mediation includes drafting wills, trusts, powers of attorney, and health-care directives; representing personal representatives and trustees to administer probate estates and trusts; representing family member beneficiaries of wills and trusts; and serving as a probate guardian ad litem and a settlement guardian ad litem. Her legal background and experience combined with her facilitation skill, training, and experience allow her to work effectively with attorneys, fiduciaries, and layperson beneficiaries to resolve trust, estate, and probate disputes.
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Elder Law and Guardianship Mediation
An important use of mediation is to resolve family legal disputes involving the elderly. In the field of guardianship and elder law, almost all disputes involve families at a point of crisis, facing the decline of a loved one. Often at the center of the dispute is a vulnerable person who is desperately trying to hold on to whatever control he or she may still have over his or her life. Even when steps are taken with the best of intentions, the vulnerable person’s resistance to losing control and the complex family dynamics when the elderly person has diminished capacity make such disputes ripe for misunderstanding and divisiveness.
As attorneys enter their clients’ lives at these extremely difficult times, it is important to be mindful of the impact of the legal process and to do whatever is possible to minimize the emotional, mental, physical, and financial strain caused by the legal dispute. When it is done well and among parties acting in good faith, mediation facilitates a good outcome and minimizes the many hazards of trial or evidentiary hearings. In addition, mediation of guardianship and elder law disputes can help the vulnerable person and his or her family address their concerns and fears and arrive at an enduring, workable solution. Court-imposed solutions alone, without the benefit of mediation or a facilitated meeting, often fail because the underlying causes of conflict remain unresolved.
Before becoming a full-time mediator and facilitator, Kathleen Wareham represented alleged incapacitated persons, family members, guardians, and trustees in guardianship and elder law cases. A past chairperson of the King County Bar Association (KCBA) Guardianship and Elder Law Section, Kathleen served on its executive committee for many years. Kathleen was one of the original trainers of professional guardians when Washington State adopted rules requiring state certification of professional guardians. She continues to speak annually at the Washington State Professional Guardian Certification program. In addition, she has trained guardians ad litem (GALs) at the annual intercounty RCW 11 mandatory training in Seattle.
This legal experience serves Kathleen well as a mediator of guardianship and elder law cases. She understands the substantive and procedural law of guardianship and elder law, as well as the impact of complex legal issues on an individual’s access to Medicaid, Medicare, and Social Security. With her legal background and experience, she can challenge the thinking of the lawyers and understand the perspectives of the parties, which in turn enables creative resolutions and durable agreements.
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Civil Rights and Employment Mediation
Mediation at any stage of employment and civil rights litigation, and particularly early in the course of litigation, allows a private, confidential assessment of the strengths and weaknesses of claims and counterclaims, the risk of expenses on each side, and the risk of fee shifting. Mediation of these disputes accommodates the complexity arising from the involvement of multiple parties. The unpredictability of jury reaction can be evaluated, and the certainty and predictability of a negotiated agreement can be appreciated as one of the most important benefits of mediation. The mediated agreement eliminates the risk of ongoing appeals and bad legal precedent. Furthermore, mediation allows discussion of creative solutions, which are sometimes as important to resolution as reaching agreement on monetary terms. Apportioning settlement among plaintiffs and allocating sources of responsibility among defendants, to assure a global, final result, are additional benefits of mediation of civil rights and employment cases.
Kathleen Wareham’s law practice included the litigation of a variety of civil rights cases:
- Fourth Amendment excessive use of force and unreasonable search and seizure claims
- Eighth Amendment cruel and unusual punishment claims
- Fourteenth Amendment substantive and procedural due process claims
Kathleen understands 42 U.S.C. Section 1983 litigation. This legal background combined with Kathleen’s interpersonal skills make her an effective civil rights mediator. She knows how to work with plaintiffs who feel terribly wronged and are motivated by not only a desire for money damages, but also a desire to effect systemic change. She knows how to work with county, state, and federal officers and employees and the risk managers and attorneys who represent them. She understands the very different perspectives of these individuals and effectively communicates with each of them. Kathleen’s litigation experience and her experience as a settlement guardian ad litem provide keen insights during the mediation process, enhancing her ability to help parties reach agreements on both the amount of and disposition of settlement proceeds, increasing the chances for durable agreements.
Ms. Wareham's legal knowledge of employment law and mediation experience makes her an effective mediator for employment cases:
Ms. Wareham's general knowledge of employment law and her skills, training and experience as a mediator have allowed her to effectively and efficiently serve clients in employment cases. Her mediation of employment cases is effective in part because she is skilled in working with clients whose actions are motivated by both legal and nonlegal issues. Mediation can help address complex overlapping legal issues and nonlegal issues that often underlie resistance to settlement of the legal issues, and help the parties move to agreement. Mediation of employment cases is less expensive, more respectful, and more inclusive than litigation of these disputes and allows creative solutions that a judicially imposed result cannot offer. Ms. Wareham is skilled in working with attorneys and litigants in the highly charged context of employment cases, helping clients assess the strengths and weaknesses of their case, reach settlement and craft durable agreements. Ms. Wareham has mediated a variety of employment cases, including allegations of wrongful and retaliatory discharge, sexual harassment and discrimination, sexual orientation discrimination, and racial discrimination. Former defendant clients range from private companies to universities and colleges, municipalities and Washington State. Plaintiffs, individual employees and students, appreciate Ms. Wareham's attentive listening skills and her tenacity in facilitating settlement.
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Personal Injury, Negligence, and Wrongful Death Mediation
Mediation provides an opportunity for the very different perspectives of the plaintiff and defendant to be vetted and understood through the communication skills of the mediator. One of the great strengths of mediation in injury and negligence cases is that the mediator serves as a translator, helping each of the parties to see the best-case and worst-case alternatives to a negotiated agreement.
Mediation of personal injury, negligence, and wrongful death disputes allows creative solutions beyond compensatory money damages. Mediation supports a global approach, including not just the valuation of the plaintiff’s claim, but also the resolution of subrogation issues; the apportionment among multiple plaintiffs or defendants; and the protection of settlement proceeds through a structured settlement or a trust, guardianship, or blocked account.
Throughout her legal career, Kathleen Wareham has participated in the litigation of a wide variety of tort claims, from dog bites, auto accidents, and premises liability, to product liability, medical malpractice, wrongful death, and maritime injuries. In addition to litigating these cases, Kathleen has served as a settlement guardian ad litem (SGAL) in numerous state and federal cases and is regularly asked to consult with and train SGALs.
Kathleen’s experience includes insurance coverage disputes; subrogation issues; valuation issues; the role of expert witnesses; the need for the plaintiff to have his or her story be heard; county, state, and federal tort claims act requirements; statutory damage rules for wrongful death and survivor claims; the calculation of economic damages and present value calculus; and economic analysis of structured settlements. In short, Kathleen understands tort litigation, and her practical experience enhances her ability to mediate these cases.
In addition, Kathleen has experience in the fields of trust and estate, probate, guardianship, and elder law, and experience as a GAL, LGAL, and SGAL. That background makes her particularly well suited to mediate claims on behalf of minors and vulnerable adults, as well as claims against private companies, state officers, and state employees for nursing home and social worker negligence.
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