On December 7, 2016,  I’ll be joining Howard Zehr for a webinar on Restorative Lawyering.  Restorative Lawyering is a model of practicing law that I have been developing along with colleagues such as Marshall Yoder and Susan Marcus.  Restorative lawyering adopts the guiding principles and values of restorative justice.  In doing so, we look at each situation, problem, or conflict and often start by asking,  “Has there been harm that needs to be addressed?” and “What can be done to make right the wrongs?”  These fundamental questions, central to restorative justice, change the focus from what statute or rule has been violated to what can be done to make things better.  

Recently I volunteered with the West Virginia State Bar to answer phones on Tuesday night when we offer free information by calling a toll free state-wide hotline.  I had a number of calls, but one of them was very disturbing. This caller lost her in-home services provided by Medicaid when her attorney settled her case without addressing this issue.  For a very small settlement, the caller lost her in-home service provider and risked being placed in a nursing home.  With proper planning, this did not have to happen!

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.

Can you represent yourself in court? It depends! Some matters are simple and litigants can find the resources that they need to go to court without a lawyer. In other situations, you should never go to court without a lawyer to guide you through the process. Brenda Waugh provides legal and mediation services in Virginia and West Virginia and can help you decide when you need a lawyer and what process—litigation or mediation may be best suited for your legal problem.

If you have never participated in mediation, you may wonder what’s involved. While every situation is different, there are a few things you can expect regardless of the type of case or mediator.  Our office accepts cases for mediation including elder mediation, family mediation, divorce mediation, child custody mediation, civil mediation and mediation of insurance disputes.  With offices in Washington DC and West Virginia, we are available to answer your questions and help you to evaluate how mediation may help you resolve your case faster and more economically than litigation.