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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...

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 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...

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...

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...

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...

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...

March 15, 2014

Practice Areas

...act, I will take legal action against them. Learn more about insurance law Mediation I am a trained mediator, and I use mediation as a tool to help my clients resolve their differences more quickly and cost effectively outside of the courtroom. Learn more about mediation Please do not hesitate to contact my office in Buckhannon, West Virginia, to discuss your legal problem. Call toll free 304-472-7477 to arrange a free initial consultation with an...

January 1, 2013

2013 New Year Resolutions

...far I am missing the point of that they are trying to present relative to mediation in the context of domestic violence and abuse. Very similar to the lack of focus of my guardian ad litem CLE training. I think we need much more consistency among “domestic violence”, “family law”, “juvenile abuse and neglect”, and “civil mediation”. They are four separate worlds. I sometimes feel I am the only guy with a hand or foot in each of these disparate wo...

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...