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137 Search Results for mediation

February 1, 2015

Symantics, Metaphor, Religion, and Clarity of Thought

...the search engine, and you will see for yourself. For example, search for “mediation” and you will get 69 “hits”! Perhaps 50 0f them are substantive articles on my views on mediation, in family cases, personal injury, and civil litigation. Thy also say brevity is a virtue. My last article was long and substantive, as is the one I am working on (how trial lawyers can communicate with conservatives), so here is one a bit shorter. Editor’s note: Easi...

September 16, 2010

I Have Been Hurt by a Negligent Driver, What Can I Claim?

...0, depending on the complexity. A valuable tool, after AND before suit, is mediation with a capable civil mediator. No competent personal injury lawyer will send you alone to mediation. They know that would be crazy. Sadly, in much of our state, family law lawyers often are not so perceptive. A good lawyer can negotiate twice the settlement that you can, covering her/his fee and expenses and still netting you more, and quicker. Don’t hesitate to w...

November 13, 2011

Why the Republicans Need to Go to Mediators’ School

...otiate solutions. Here is what I explain to every client before we go to a mediation. Each side has something he or she wants, and an idea of what he might give up in order to reach agreement. So, the old model for negotiating, which I read 20 years ago in a book called “Getting to Yes”, was to have a first, second, and final negotiating position. I had negotiated hundreds of compromise agreements but could not understand why I usually agreed to s...

February 24, 2010

Websites, Blogs, Practice Areas, Lawyers Who Fail to Communicate

...the police for their report. His case should already be to “pre-litigation mediation” but no one has told the poor fellow what mediation is. If you are injured and don’t hear from your lawyer at least every week or two, call me. We won’t treat you like that. You will know what is going on at each stage of the case, and we will “move heaven and earth” to help you resolve your case without a suit. Fees are lower without the suit, and money changes h...

November 5, 2010

One Week, Out of My 1900 On Earth So Far

...s I read this more than a year later, I look back on a week where we had 8 mediations in six working days. Six were successful. That leaves two that may go to trial. Think of the burden on our court system if we were not settling three out of four. 02-28-2012, J.B.H.) (And now I read this, 3 years later, and am reaffirmed that time does not wait for us. 02-27-2-2015. jbh) It was just another week.(He says slyly.) Next week, I will able to recall i...

February 21, 2011

The WV Association For Justice – Benefits of Our Relationship

...case of Hayseeds Inc. vs. State Farm Insurance two days before a day long mediation of an insurance claim resulting from a total loss fire of a local super market. In the face of the threat to pay all my client’s attorney fees and damages for “aggravation and inconvenience”, we collected every single penny of policy coverage, over $400,000. c. I have been blessed to participate in a number of major impact personal injury settlements. All but one...

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...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...do not be surprised that you demand for 50% is not going to be granted. 5. Mediation. Would you rather have a major role in parenting, in how your property is to be divided, in which debts are paid by which party, and in whether you receive or pay alimony, or would you just like to pitch the judge in a one hour to eight hour trial and have him or her decide your fate, and your children’s? I don’t think so! I request that you and your lawyer do you...

March 14, 2012

Is It Ok to Bite My Child?

...ve “loaned” it to my editor, Nancy. What prompted the question above was a mediation where my client questioned grandma’s fitness to provide child care because she bit her grandchild to discourage him from biting her. The “rest of the story” describes a person for whom this was not the only child rearing faux pais. But, that’s not the point of this post. I am proud to say the parties, with the mediator’s help, fashioned a good parenting plan with...

August 20, 2012

Domestic Violence and Family Court

...have many good articles on personal injury, insurance, trial preparation, mediation, and trials. God may reward me for writing the stuff below by sending me a good personal injury matter. In the meantime, someone has to pay the electric bill, and I am just as good in family law, which often involves violence and the threat of violence. In small town America, there is much less money in family law, and cases involving domestic violence often lead...