EARLY NEUTRAL EVALUATION

Today, I’ll continue my series on the Alternatives in Alternative Dispute Resolution that I began earlier this summer after facilitating a workshop on this issue In July for the West Virginia State Bar. In September, I’ll be joining the Virginia Mediation Network to facilitate the workshop for that fabulous group of mediators. Today’s process is more common in Canada than in the areas where I practice, but Early Neutral Evaluation may save the parties a great deal of anguish, time and expense.

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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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GETTING WELL: A LOOK AT THE KINDS OF TREATMENT AFTER A CAR ACCIDENT

After you've injured your back or neck in a car wreck, you may be wondering what's wrong with me? Can you feel better? How long will it take? First of all, let me remind you: I am not a physician, and this is a blog post that does not include legal or medical advice. You should always talk to your doctor and design a treatment plan that is best for you. In this post, I’m going to list some of the kinds of treatment that clients in my legal practice have told me that they find helpful for their back and neck injuries.  

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CIVIL MEDIATION--WHAT HAPPENS AFTER THE MEDIATION?

Moving on after you have suffered an injury or loss can be difficult.  Mediation is often the best way to to resolve a civil case and be able to move on.  If selected early, mediation saves time and money for both parties in legal expenses.  Our office encourages clients to participate in mediation at the earliest possible date, often BEFORE filing suit, to be sure to gain the most benefit possible from early resolution.  In many states mediation is required in all civil cases before a trial is scheduled.  Even when you don’t reach an agreement during the first session mediation can be helpful.  About 98% of all civil cases settle before trial so it is likely that your case won’t go to trial.  Sometimes the progress made in mediation sets the matter up so that it will be more likely to settle quickly and fairly following the mediation.  Sometimes a further session is helpful.  If your case is resolved in mediation, you can expect a few steps to finalize the resolution.

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