Evaluative Mediation: A Frequent Choice in Civil Litigation

Many of the attorney-mediators in civil legal cases trained in an evaluative style of mediation.  Bush and Folger in The Promise of Mediation sum it up as mediation that requires mediators to “steer them towards outcomes in substantive conformity with legal rights.” Kate Shonk, in Choose the Right Mediation for You observes, “Mediators are more likely to make recommendations and suggestions and to express opinions. Instead of focusing primarily on the underlying interests of the parties involved, evaluative mediators may be more likely to help parties assess the legal merits of their arguments and make fairness determinations. “

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The Alternatives in Alternative Dispute Resolution

Legal conflicts run the gamut between a single contract that is entered into for one transaction between strangers to a family will contest and it is not surprising that different forms of ADR are suitable for different people, different kinds of conflicts and at different stages in both the legal and emotional part of the battle.  Today I am going to begin a ten part series of posts that will explore the alternatives in ADR. I’ll begin with processes that depend on a neutral facilitator such as mediation (including evaluative, facilitative, and transformative mediation), neutral evaluation, and arbitration.  I'll then turn to some processes that have components of ADR but do not require a neutral.  Finally will look at a few methods that don't fit neatly into any category.

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On the Road Again! Presenting on Why Lawyers Need to Understand the Options in Alternative Dispute Resolution

Brenda Waugh will participate in a full day training sponsored by the West Virginia State Bar on July 24, 2019 in Bridgeport, West Virginia, “Resolution Beyond Trial.” Her topic will be “ADR is not Alternative Anymore—What Every Lawyer Should Know About ADR.” During her session, she will outline the practical and ethical requirements for lawyers to be familiar with ADR form so as to present them to clients. She will also lead the group in an interactive session to describe the various forms of ADR such as restorative justice, mediation and collaborative divorce.

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Thinking about "Collaborative Practices" for Mediators

This week I've been working with Marshall Yoder to prepare for a workshop where we will share our experience with mediators throughout the region.  The conference is scheduled for October 9, 2018, in Front Royal, Virginia. Front Royal is a wonderful town to visit in October, the location of the start of the Skyline Drive through the Blue Ridge Mountains!

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WHEN FILING FOR DIVORCE IS A NEW YEAR'S RESOLUTION

January is a popular month to file for divorce.  Why?  For many people, the new year is a time that they reevaluate their lives and decide to make changes.  Perhaps they have waited or tried to make a marriage work for some time and the new year seems like a good opportunity to go ahead and pursue divorce.  Others may want to wait until after Christmas to plan for their a divorce. Some people postpone divorce into the new year for economic or tax reasons.  Whatever the basis, if you have decided to divorce in 2017, should you file?

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FINDING ANSWERS FOR QUESTIONS ABOUT DIVORCE

Over the past few months on this blog, I’ve covered many of the issues that we consider in mediation when a couple is planning to file for divorce.  My posts in this series have examined everything from how to divide marital property, how to calculate child support, and how to make schedules for holidays for the children.  Along with resources such as the free forms from the West Virginia Supreme Court, these posts may help you decide whether or not you want to retain a lawyer, reach an agreement before you select a lawyer or file for divorce, or if you want to consider collaborative law.

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SEMINARS PLANNED FOR VIRGINIA MEDIATORS

The Virginia Mediation Network is planning a series of spring mini-conferences that focus on the issues involving children and mediation.  The spring series will include both a two hour regional meeting and two one hour webinars.  The regional meetings will be held in many locations including Virginia Beach, Richmond, Winchester, Leesburg, Warrenton, Fairfax and Roanoke.

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HOW TO FILE FOR DIVORCE IN WEST VIRGINIA WITHOUT A LAWYER: PART 2 REACH AN AGREEMENT

An important step in filing for divorce without a lawyer, is working to reach the agreement before you file.  An agreement can provide greater security and can expedite the process.  Agreements can be reached between the parties informally, through mediation and through collaborative divorce.

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