136 Search Results for mediation

March 21, 2018

You Aren’t Going to Mediation! (Now what will you do?)

...r” screens them out. It happens all too often. 2. The parties can’t afford mediation but don’t qualify for free mediation. 3. The parties are litigating in a part of the State where lawyers do not typically mediate their cases. 4. Or the litigation is in a part of the state where parties’ lawyers tend not to attend mediation! I am a strong proponent of mediation in family court and civil court and am sorry it is not used in other kinds of cases. B...

September 3, 2016

Self-Represented Mediation

...I have also written a proposal for revision of the family court and civil mediation rules: https://hunterlawfirm.net/time-revise-mediation-wv/ Recently, I came upon another approach to the problem. I was contacted by one of two self-represented parties. Not sure whether they were court ordered or had just heard of me, and, for purposes of this article, I prefer not to know. They needed a mediator for their divorce. Each paid her and his deposit a...

March 15, 2014

Mediation

...reasons I have been so effective in resolving cases for my clients through mediation is that I have received extensive training in mediation and have served as a mediator myself. Relying on this knowledge and my 30-plus years of legal experience, I am able to work with the parties involved to facilitate a settlement. Balancing Settlement and Your Interests I work to build consensus and resolution without sacrificing my client’s best interest. This...

July 20, 2010

Mediation Conundrums, Domestic Violence, and Sociopaths

...ted to note that some of my brethren and sisteren(?) send their clients to mediation alone. Here we have a person smart enough to resist her/his spouse’s controlling behavior, only to be sent to fend for her/his self at mediation. It boggles my mind. Still, mediators help many people sort out a parenting plan which is a key ingredient in a divorce. Strangely, and for reasons I have mentioned in prior blog posts, the Family Court CANNOT order them...

June 11, 2012

Post Litigaton Mediation, Without a Lawyer?

...d guide guide her in gathering the facts to establish her case either at a mediation or trial. 2. If she just wanted an hour to outline the rules, prepare the notice of the mediation, and get some tips on which mediator to use and how to prepare, I would charge just $200. 3. But I suggested an initial $550 retainer, and $500 within thirty days (that’s about how long it takes to schedule the mediation). 4. For that sum, I would do up to $1550 at my...

May 4, 2010

Mediation Madness

...t project” in the Eastern Panhandle, too few Family Courts understand that mediation works best with a lawyer mediator, and lawyers representing the clients. It is true that this takes money and luck, but in the 20%-40% of cases where it can be done, it should be ordered! The success rate of these mediations is very high. Not so where the parties don’t have lawyers. There are a few “non lawyer mediators” who are the exception. Smart judges use the...

November 14, 2012

Getting Mediation Right

...roup. It is very illuminating of the different attitudes and approaches to mediation nationwide. For now, I just want to note what two good lawyers and a good mediator can accomplish. Lawyers, even they get cranky, and clients, even when they get a bit snarly, can work together through discovery, and conclude a case as we did yesterday. Polite inquiries, even accusations, can be conveyed quickly by e-mail, investigated, and answered. Discovery Rul...

April 21, 2020

Intro: Access to Justice, Unbundled Services, Contingent Fees, Family Law, Mediation, Collegiality

...Intro: Access to Justice, Unbundled Services, Contingent Fees, Family Law, Mediation, Collegiality: https://youtu.be/q1tVK9xPWRw Got five minutes? In this introductory video, I spend perhaps a minute each on several subjects that encompass the panoply of subjects I wish to cover in this video series. It’s a good summary, except my family law services, which I cover in meticulous detail in many other of my new videos. Access to justice for low and...

September 8, 2012

WV Mediation – Some Practical Ideas

...Those of you who think I am cheating by simply adding this link to my other blog, WV Lawyer – Tips and Techniques, do not know the week I have experienced. If I had the time and energy, it could be a novel. Mediation is a key to resolving human conflict. The alternatives? 1. A trial; or 2. War. http://tinyurl.com/chp4tfj  ...

February 1, 2011

The Tension Between Lawyers and Judges

...of the State. 17. And, there are just too many lawyers and judges who lack mediation skills and confidence in mediation. I have written other articles on this subject. All we can do here in Central WV is the best we can to make mediation work here. 18. And, of course, the judicial system is, by definition, an “adversary system”, so the law student does not learn negotiation, collaboration, compassion, and innovative thinking. They are taught “by t...