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137 Search Results for mediation

December 1, 2021

A Legal Blog: Perspectives of a Small Town (WV) Lawyer

...lment. Insights into Civility, Collegiality, Alternate Dispute Resolution (Mediation/Arbitration), Innovation, and Future of the Law. Social Media Marketing, Advertising, and Community Involvement The blog initially had two titles, “Perspectives of a Small Town Lawyer” and “WV Lawyer: Tips and Techniques”. Now it is one blog, “Perspectives of a Small Town Lawyer”, which is also the title of my book of 300 pages, published to Amazon Kindle and Pape...

October 22, 2010

The Dilemma of the Difficult Client

...ey. I also believe that if the client is well prepared by the attorney for mediation or settlement negotiations, and makes a reasoned decision to enter into a compromise agreement, and later repudiates the agreement, the attorney, in good conscience, should resign. This does not cover cases where the client or the attorney forgot a critical fact which changes the effect of the agreement, where behavior of the other side shows bad faith, or where t...

March 4, 2011

How Did Your Week Compare to Mine?

...ous mediator who refused to mediate the case if I were going to attend the mediation. I did so by meeting with my client and the unrepresented Mother of his children before the hearing. We created a 20 page Permanent Parenting Plan using the document assembly program Pathagoras! The judge was happy to approve it and praised the parties lavishly. By doing the job the mediator should have, I saved my client $2000 and both parties six months of agony...

December 2, 2017

COMPETENCE

...but I do it religiously. I bring that spreadsheet in my computer to every mediation, adjusting values and balances as necessary so that we always know how close my client is to a 50% – 50% division. We have a rule in our office that nothing goes out of this office without a hook in it. That means we have “a suspense system” taught to me by my Facebook friend Cathy Chipari Page, 45 years ago, setting a date, one, two, or four weeks into the future...

March 7, 2018

Digging Down 2018 – Short and Sweet!

...ant to tell Mr. Hunter.”; “Questions I want to Ask Mr. Hunter”, “Goals for Mediation”; or “Grievances I have about the other party.” 3. Each time you have a question or idea pop in your head, start a “top ten list” and give it a pithy title. I think of these lists as “memory ticklers”. They are essential, but the “objects” are the puzzle pieces. 4. The Timeline, or chronology: The other two legs, Object lists and Top 10 Lists, provide what you nee...

October 12, 2012

Feigned Indignation

...ut of money, he will still have a lawyer. This case has my full attention, and if the other side is in the wrong, I WILL prove it. Tricks like this poison the atmosphere at mediation and are never worth the harm it does to the lawyers’ professional relationship, but I see it happen every day....

March 21, 2014

The Lawyers’ “Golden Rule” for Sheriffs’, and Private, Process Servers

...In short, do unto that process server as you would have him/her do unto you if you had that job. You will certainly earn the respect of the person serving those papers. Finally, if you are serving a non-violent spouse or partner, with whom you are going to have to work in mediation or settlement negotiations, perhaps a simple heads up call so the person can call the sheriff and come to the office to pick up the paper him/her/self would be the way...

October 24, 2013

If I Could Know Only Ten Things About My Family Law Case, What Would They Be?

...knowing we have another satisfied customer! 6. What you do not know about mediation and settlement techniques can fill dozens of books. With a good lawyer, 90% of cases settle before a trial. Without one? What do you think? And what happens, as in most divorces, when one party has a power advantage? 7. Setting aside the fact that you do not know how to question witnesses, prepare exhibits, or get them admitted into evidence, or make appropriate o...

August 22, 2014

MORE ON SOCIAL MEDIA REVIEWS OF LAWYERS

...letters, or emails, or having her attorney send a letter, or returning to mediation, or filing a contempt petition. In turn, this has been a great reminder to us to do a better job debriefing our client at the end of the case. And, I have been able to learn what we are doing right to be reassured that at the core of what I do, many of our clients really “get it”. There is an attorney in north-central West Virginia that everybody goes to, if they...

October 21, 2014

When You Can’t or Won’t hire a lawyer? A $500 Option.

...st divorces are not contested; because: a. I negotiate aggressively, using mediation often; and because, b. My opponent in trial is dealing with someone who has tried hundreds of cases, and that’s not cheap or fun! Most people want to avoid that. 10. However, if you have a family business, multiple assets, substance abuse, violence, or alimony issues, lawyers’ fees and costs can grow exponentially. 11. For $500, I will give you access to all the r...