Home > Search results for 'mediation' > Page 4

137 Search Results for mediation

May 14, 2018

Collaborative Divorce: I Remain Unconvinced

...may be shaky. And it will cost A LOT to pay two lawyers to prepare. A good mediation always prepares us for trail. Cannot imagine trying a case in which I didn’t attend the mediation. c. Collaborative Divorce, even if it is a sound idea, will take a “legal generation”, 10 years or more, to convince half of of WV family lawyers and judges to use it. That’s a lifetime in today’s era of “accelerating change”. Surprise! I like my ideas better. 2. We h...

March 12, 2017

House Bill 2658: “The One Size Fits All, Children Can Go to Hell, Custody Law”

...force the mediation requirement. A relative few disputes are taken back to mediation. The system would work better if judges enforced the mediation provisions of parenting plans. The “Time with children” allocation is determined by many factors, but, the younger the child, the more the court tends to look at what the parents did voluntarily before the marriage or relationship failed. This is called the history of “caretaking functions”. By statute...

January 23, 2015

Digging Down – On Organizing and Preparing Your Case

..., “May I see your list?” because they know my client and I will show up at mediation armed with our lists, so we can check them off and not leave mediation without addressing every important issue. 23. Some clients never run out of questions. I answer them, but I also say, “Be sure to put that down on one of your “top ten lists”. 24. Remember, “object lists” are different. They are the people, documents, e-mails, texts, physical objects, places, e...

July 23, 2017

So You Have Your (Child Custody) Agreement: Now What?

...and tell the other side that one more violation will cause you to schedule mediation, which will cost you each $’s! If problems persist, activate the mediation provision”. Note: you will have to figure out the proper balance of patience, persistence, and action. The key is to act timely and appropriately at each step. And you will have to follow the right procedures to schedule and notice mediation. My best estimate is that out of 50 recent contem...

January 18, 2011

What Does a Personal Injury Lawyer Do Anyway?

..., because if all efforts to settle with the adjustor, or in pre-litigation mediation, or mediation before trial fail, the parties must “roll the dice” before a jury, whose decision is usually sustained by the judge. It is a ritualized form of combat, our “adversary system”. Most people at that stage hope they have a skilled and experienced trial advocate. At that point, the lawyers who “cut up” on T.V. in order to draw customers may be less than c...

October 5, 2011

Divorce 101 Handout (October 5, 2011)

...hearing date. 9. Other judges issue their own preliminary orders, for pre-mediation screening, the temporary hearing time and date, etc. 10. Mediation is covered extensively in my blog. It is a “non-adversarial form of “alternate dispute resolution”. The mediator has received formal training, and must have extensive experience. 11. A temporary order is just what it implies. The court issues an order on temporary custody, child support, alimony, p...

March 7, 2018

2021 Revised: Digging Down – On Organizing and Preparing Your Case

...“May I see your list?”, because they know my client and I will show up at mediation armed with our lists, so we can check them off and not leave mediation without addressing every important issue. Some clients never run out of questions. I answer them, but I also say, “Be sure to put that down on one of your top ten lists”. These “memory ticklers” are the checklists which help drive our preparation. They and the “puzzle pieces” merge to tell the s...

October 17, 2018

GAPS IN WV FAMILY LAW

...wyers attend mediation. Sigh. 7. It is not yet considered “standard practice” for a family law attorney to attend mediation with her or his client. Burt calls failure to attend “malpractice”. 8. There is no significant movement in West Virginia to promote “expedited mediation”, “streamlined mediation rules”, “unbundling of legal services”, or “collaborative law”. IN SUMMARY, family law in West Virginia stumbles along with perhaps 70% of the litiga...

June 9, 2012

A Foot in Each Camp

...ad good experts, and prepared as if we were going to trial. Eight hours of mediation got us a meager settlement, but it was a meager settlement in a case that never should have been filed. It was a great lesson; do not sign on as “local counsel” unless you are not ready to take on the full responsibility of the case. 1. So “camp number one” in my title is Jamie’s and Gary’s world, of personal injury, malpractice, industrial injury, and insurance b...

March 22, 2022

When you Choose a Lawyer, Choose Well.

...nd seeks feedback in the form of questions and criticism. CIVIL AND FAMILY MEDIATION IN WV A primary focus of Hunter’s practice is “alternate dispute resolution,” usually mediation but occasionally arbitration. Perceiving a need, Hunter approached Deb Scudiere, Chair of the WV State Bar” Alternate Dispute Resolution Committee,” who met with her committee and formed a subcommittee, “The Family Law Alternate Dispute Resolution Subcommittee.” Alas, H...