ADR | Virginia Lawyers Weekly

Use of mediation in bankruptcy on the rise

By Peter Vieth
Published: April 27, 2011
Tags: ADR, Bankruptcy, Federal Courts, Judge Kevin R. Huennekens, Judge Ross W. Krumm, Judge Stephen C. St. John

Mediation in bankruptcy cases is becoming more common, as judges and lawyers discover how it can prevent the loss of millions in litigation costs in large, complex cases. Settlement of a recent Virginia construction dispute in bankruptcy court demonstrates mediation can be a useful tool in smaller cases, as well.
This method of dispute resolution, which [...]

The new use of an old tool: The judge pro tem statute

By Virginia Lawyers Weekly
Published: March 7, 2011
Tags: ADR

In recent decades the volume of civil matters filed in state and federal courts across the country has risen substantially. At the same time, the capacity of these judicial systems to handle these matters has had trouble keeping pace.
Public resources are increasingly limited; that is especially so as of late, and this trend shows [...]

Jury trial waiver forfeited in scheduling order

By Peter Vieth
Published: January 24, 2011
Tags: ADR, Fairfax Circuit Court, Judge Jan L. Brodie, Judge Leslie Alden, Judge Stanley P. Klein, Landlord/Tenant

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts.
But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine scheduling conference, as one Fairfax County lawyer discovered the hard way.
The lawyer’s signature on an order [...]

Mediate early to get more money on the table

By Dolan Media Newswires
Published: January 3, 2011
Tags: ADR

A common expectation in the legal field is that deteriorating economic conditions will cause a rise in litigation as employees are laid off, margins become tighter and stressed companies fail to perform obligations. However, in the current recession, the expected jump in litigation has not materialized to the extent anticipated. There may be various reasons [...]

What to do about Mom? Mediation may be the answer

By Alan Cooper
Published: December 6, 2010
Tags: ADR, Elder Law

Mom was in her 90s when she started having blackout episodes.
Her oldest daughter, who lived two hours away, was adamant that her mother could no longer be left alone in her own home.
But Mom didn’t want to move in with any of her three children, not because there was any animosity, but because she didn’t [...]

Settlement sessions are going high-tech

By Dolan Media Newswires
Published: December 6, 2010
Tags: ADR, Technology

Savvy attorneys are using technology to speed settlement talks and mediation sessions.
Many attorneys come to trial with flashy PowerPoint presentations, but will sit down at ADR sessions with only pens and paper.
That’s changing, however, as attorneys realize that software can be used to help explain complex matters to mediators and convince opposing counsel to settle.
“People [...]

Tips from four mediation veterans

By Paul Fletcher
Published: October 28, 2010
Tags: ADR, Practice Tips

HOT SPRINGS—Mediation sessions are sometimes like a “middle-school dance,” said mediator John B. McCammon. The process advances with the movement and tentativeness of kids making their way from the corners of the gym to the edge of the dance floor to a meeting in the middle of floor.
The parties know they’ll get there, but “incremental bargaining” [...]

Mediation, from grass roots to governor’s mansion

By Deborah Elkins
Published: October 26, 2010
Tags: ADR, Law Schools

Mediation practice thrives in Virginia, having begun at the grass-roots level some 20 years ago.
Pioneers of the movement and current and aspiring practitioners gathered Oct. 20 at the University of Richmond law school to celebrate National Mediation Month, sponsored by the American Bar Association Section of Dispute Resolution.
Geetha Ravindra and Inga Watkins, who are lawyers [...]

Court-sponsored programs offer settlement options

By Deborah Elkins
Published: October 4, 2010
Tags: ADR

For years, lawyers have used time and money savings to sell their clients on alternative dispute resolution. The private marketplace affords a variety of vendors, who offer different approaches to dispute resolution, at different price points.
Alongside these private services, court-affiliated programs continue to offer alternatives that may be a bargain, for clients who can qualify.
For [...]

High court can settle circuit split over nursing home arbitration

By Alan Cooper
Published: September 27, 2010
Tags: ADR, Supreme Court of Virginia News, Virginia Trial Lawyers Association

The fight over nursing home arbitration agreements, percolating through Virginia circuit courts for the last five years, has reached the Supreme Court of Virginia.
A split in Virginia circuit courts usually gets the high court’s attention.
Looking to his own case files, Alexandria lawyer Gerald F. Ragland Jr. described a virtual “east-west” split in Virginia over the [...]

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