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137 Search Results for mediation

March 26, 2018

My “Law Coach” or My Lawyer?

...s, agreements, parenting plans, and even pleadings. He/she must meet ethical standards, but for parties who have differences, but not severe dysfunction, this low-cost option at least allows you a full veto, while a contested hearing does not. There is no agreement unless BOTH parties to mediation sign and the courts approves there agreement. The concept of self-represented mediation is the same as “unbundling of legal services”. It is a way to ge...

March 24, 2010

The Nuts and Bolts of Family Court

...have been filed, and to generate a scheduling order that usually includes mediation. 16. “Temporary Hearings” have been taking 6 to 8 weeks in the jurisdictions where I practice. This is the time when temporary custody is determined, child-support calculated, temporary alimony determined, possession of the house and cars awarded, and perhaps a restraining order. 17. People have found another “portal” into family court. This is the filing of a dom...

February 14, 2016

The Maze of WV Child Custody Issues – Just Dropping Crumbs Won’t Get You Out

...ate dispute resolution mechanism”, i.e., mediation. One judge told me that mediation is “only an option; not a requirement”, even when the final court order says “shall”. And some well-intentioned lawyers told me that requiring mediation “..deprives a party of access to the courts.” ! Which, of course, it does not. Finally; a friend and colleague recently left the practice of family law, although she still does family law mediation. She said, “I h...

December 28, 2021

Civil Litigation 101

...l matters, mediation is an invaluable “alternate dispute resolution” tool. Mediation is usually quicker and cheaper than a trial. For more information on this topic, you may search for “mediation” at www.hunterlawfirm.net/blog . Most of my personal injury matters don’t require me to file a suit, as I work with an insurance adjustor, but most family court matters start with a petition. I wish more people would come to be before it comes to that. Wh...

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...

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...

January 24, 2018

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...olution”. A search of my blog gets 92 “hits”: https://hunterlawfirm.net/?s=mediation . Mediation is supposed to be “non-adversarial”, but it can still be pretty intense. As a result, most people prefer experienced, innovative, and creative mediators, and most such mediators prefer to keep the disputants in separate rooms. Mediators are usually lawyers or retired judges but can be from other professions such as accounting or psychology or the minis...

September 30, 2022

Finding What Burton Hunter Has to Offer

...As things have evolved, I represent hundreds of people in family and civil mediation but don’t mediate that often; when I do, I am effective: (1) Mediation Services | Facebook This is my YouTube professional (J. Burton Hunter III, and Assocs., PLLC) channel. It has over 60 informational videos from 1-20 minutes long. (11) J. Burton Hunter III & Associates, PLLC. – YouTube This is a personal video memoir, suggested and recorded by the videographer...

March 24, 2021

Ideas to Improve the “One Size Fits All WV Child Custody Bill”, HB 2364

...their differences. 6. If we established lawyers are to be kept out of the mediation pool because the “sliding scale” is so low, at least consider increasing the rates charged and paid, as the “slave wage rates” have reduced the pool of capable mediators. 7. Give some guidelines on what impacts “the best interests of the child” such as an ability to mentor the children in their education, to monitor their health and obtain proper treatment, and th...

February 27, 2017

A Summing Up of Eight Years’ of Blogging

...that my blog has a search engine. Search terms such as “nuts and bolts”, “mediation”, “family court” “insurance”, “deliberate intent” or “obesity” will bring up myriad articles and my views and knowledge on the subject. Cost has been the deterrent for my becoming the owner of a 1300 page “coffee table” door stop! About 5 years in, three years ago, my assessment was that WV is 5 years behind the rest of the nation, and I realized that rather than...