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137 Search Results for mediation

November 18, 2017

Mediation Food for Thought

...lement agreement, or parenting plan to the court within 48 hours after the mediation, and a report whether mediation was successful, whether each party appeared, and on time, and whether either party or both were obstructive or refused to negotiate in good faith. This requirement will NEVER be used to put undue pressure on a party who simply does not want to agree, or give up a legal right. 12. Mediators will take every reasonable step to assure t...

May 4, 2016

Is It Time to Revise Mediation in WV?

...rts; Whereas, it is important, for the full realization of the benefits of mediation, that mediation be considered for every case, (except criminal and mental hygiene involuntary commitment proceedings), and that referral to mediation should be the default option, with opting out being granted only for good cause shown. The parties should confer early and determine if they can agree on a mediator and at least one alternate. Represented parties sho...

December 1, 2017

Family Court Mediation Streamlined – Some Ideas

...lement agreement, or parenting plan to the court within 48 hours after the mediation, and a report whether mediation was successful, whether each party appeared, and on time, and whether either party or both were obstructive or refused to negotiate in good faith. This requirement will NEVER be used to put undue pressure on a party who simply does not want to agree, or give up a legal right. 12. Mediators will take every reasonable step to assure t...

January 27, 2020

Mediation: Slipping Away?

...ediators. I have written on the history of the development of family court mediation. Mediation in WV is far from perfect, as some of the best mediators simply can’t operate their offices on “the Supreme Court sliding scale”, and there is a chance that low-income people, who can have a free lawyer for their trial but not for pre-litigation mediation, will be prejudiced by such a rule. I have ideas how to fix this, but “the powers that be” do not s...

March 7, 2018

2018: Mediation Tips Revised

...their position, and never move from that position throughout the day. Such mediations are doomed to failure. I go into mediation knowing my client’s concerns and goals. I have talked about my information gathering techniques in a recent post: https://hunterlawfirm.net/digging-2018-short-sweet/ . My “regular mediators” sometime ask to look at “Mr. Hunter’s top ten lists” , knowing that I have had them make numbered lists of their worries, goals, an...

July 30, 2013

Keys to a Successful Mediation

...their position, and never move from that position throughout the day. Such mediations are doomed to failure. I go into mediation knowing my client’s concerns and goals.I have talked about my information gathering techniques in my articles: 1. Something Constructive: How to Organize the Facts in Your Case: https://hunterlawfirm.net/?p=381; and, 2. More About Organizing the Facts in Your Case: https://hunterlawfirm.net/?p=279 My “regular mediators”...

March 7, 2010

Mediation, Collegiality, and Professionalism

...full trial. The don’t have time for “pissing around”. b.The other form of mediation is “family law mediation”. Sadly, the origins of family law mediation in West Virginia have led to a tragic flaw in family law mediation as it is practiced in most parts of the State of West Virginia. Only where strong judges require mediation and foster the concept that lawyers go with their clients to mediation, is, in my opinion, mediation really effective. I a...

June 25, 2018

Tying It All Together: Mediation, Unbundling, Collaboration, and a New Paradigm

...water of collaborative divorce, and considering early, even prelitigation, mediation. I urge mediation for self-represented, pro se, litigants. I also suggest an expanded role and training for paralegals and a modern focus on “preventive law”. If “collaborative divorce” as I understand it includes a core component that the attorney “collaborative lawyer” must withdraw if settlement fails and hand the case over to another attorney, I consider it to...

September 8, 2012

Mediation: Practical Considerations

...ere. I said BE PREPARED! 2. Things that stymie mediation. a. No lawyers at mediation. b. A mediation with lawyers who don’t trust or respect one another. Recently, I proposed just one thing. The parties were fighting over selling the former family house per court order. One party had occupied the house, and the other spouse suspected a pigsty. The suggestion was, meet at the house, with parties, their lawyers, and the sales agent: i. The sales age...

May 14, 2010

Mediation: Tips for Parties and Lawyers

...Those lawyers have not “done their homework”, and probably haven’t been to mediation training. Family law mediation training requires five days. Basic mediation training is 2 days. Advanced mediation training, and updates are one day each. I have attended it all, and often been the “squeaky wheel” spouting “heresy”. (Note; thank you to Professor Patrick for recently asking me to participate in training of law school and college students for magist...