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137 Search Results for mediation

March 22, 2010

Common Mistakes of Divorcing Parties

...threat of violence”. Watching people with these problems interact during a mediation is absolutely fascinating. Their inability to think constructively, avoid recrimination, and resist attempts at domination, is stunning. There are people who can help such folks reduce the conflict, at least so they can raise healthy children; more on that in a later post. 7. Lack of a moral center. this includes everything from profanity in the home, failure to b...

February 23, 2021

A Pending WV Family Law Catastrophe

...lawyers are “dropping like flies”. One solace is the option of family law mediation, where parents can negotiate parenting plans and property settlement agreements based on the concept of “best interests of the child”. I represent an equal number of men and women. I am in court dozens of times a year. Here is an assessment, slightly paraphrased, of the pending litigation by a dedicated family law attorney and mediator who fights for the children...

February 5, 2021

Divorce: Gathering the Critical Details of Marital Assets and Debts

...subtotal; and Creates “a proposed equitable distribution” spreadsheet for mediation or trial. The “proposed equitable distribution spreadsheet” can be sent to the other party as a settlement offer, or as a disclosure of values and balances and “food for thought”. And, the “equitable distribution spreadsheet” is an excellent exhibit to include in your “confidential statement to the mediator”. Mediators appreciate the attorney who is prepared to be...

December 23, 2008

My First Post December 23, 2008

...cus his practice on personal injury and insurance, divorce and family law, mediation, and civil law suits. Hunter has been heavily involved in technology, innovation, and continuing legal education throughout his career. He acquired his first computer, an Apple II, in 1981, and has been learning ever since. His office uses dozens of computer applications. (Note: since this was written, Steve Jobs died, but not before giving us the iPad and iPhone...

April 8, 2018

Brand New WV Custody and Alimony Law

...V State Bar Board of Governors, the Family Law Committee, the Family Court Mediation Subcommittee, the Future of the Law: Technology Committee and The WV Association for Justice Board of Governors. I did track two prior bills; one I labeled the “One Size Fits All and the C hildren Can Go to Hell” bill; the other was the one that favored, “the parent best able to involve the other parent in the life of the child”. I tried to paste the urls of those...

January 22, 2011

How Can I Get My Children’s Parenting Plan Modified?

...ost parenting plans in North Central WV result from agreements achieved at mediation. When parents cannot agree, the Court decides. BUT, what happens when one party is unhappy with a parenting plan? Each year I see a dozen or so “pro se” Petitions to Modify Parenting Plan. “Pro se” is another term for “self represented”. So far, not one of the pro se petitions states a case under existing statutes. That means they should be thrown out immediately,...

May 23, 2018

YOU HAVE YOUR COURT APPROVED PROPERTY SETTLEMENT AGREEMENT: NOW WHAT?

...they release the second party. When in doubt, call the institution during mediation and ask. 4. If the other side agrees to refinance within a specified period, or to reapply periodically, say annually, to refinance, never fail to remind the other party or to request politely for documentation such as a loan application and bank denial letter. 5. E-mail or texting may work, but be sure to save the sent communication. 6. Consider my “trick” of sen...

August 10, 2022

What Don’t I Know? How Can I Find it?

...rella coverage Underinsured Uninsured Tort Auto collision Malpractice Living will Obesity Religiosity 4-H Club and Ohio County Collegiality Ethics Unbundled (legal services) Limited Scope Representation Divorce Right of way Promissory estoppel Boundary Line Child Custody Contempt Modification Mediation Alternate Dispute Resolution Alimony Equitable Distribution Legal Separation Estates Elder Abuse WV “Conservator” or “Guardianship” Legal disabilit...

December 18, 2010

A Reminder to People Who Have Been Injured!

...personal injury claims without filing suit, sometimes using pre-litigation mediation. Sadly, most people who come to me have inadequate insurance to protect them. It starts with the liability limits of the person who wrongfully injured them, the “tortfeasor”. If the at fault driver had a commercial vehicle, usually there is $1,000,000.00 of liability coverage or more. BUT, many drivers have the minimum, $20,000 per person. By law, my clients must...