ADR | Virginia Lawyers Weekly

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 [...]

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 [...]

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 [...]

Tips for maximizing successful alternative dispute resolutions

By Virginia Lawyers Weekly
Published: September 6, 2010
Tags: ADR, Practice Tips

Today‘s difficult economy and uncertainty about personal income and assets have created challenges for people who could be facing litigation. Faced with diminished financial resources, increased costs of living and the burden of attorneys’ fees, parties are increasingly turning to alternatives to litigation – called Alternative Dispute Resolutions. ADR is often an effective strategy for [...]

Long decline in jury trials may be over

By Alan Cooper
Published: September 3, 2010
Tags: ADR

The long decline in the number of jury trials in Virginia courts – civil and criminal – appears to have ended, according to the recently released 2009 State of the Judiciary report. The number of trials in both categories bottomed out in 2007 with 775 civil trials and 1,021 criminal trials. The number of civil [...]

Medicare set-aside figures in settlement for leg injury – $1,200,000 Settlement

By Virginia Lawyers Weekly
Published: July 26, 2010
Tags: ADR, Million-Dollar Settlements, Personal Injury

Plaintiff incurred severe and permanent injuries to his left leg when the driver of another vehicle crossed a double-yellow line and struck plaintiff’s vehicle head-on. Plaintiff accumulated a total of $172,954 in medical expenses and was expected to have at least $58,430 in future medical costs including possible full-knee replacement/fusion surgery. Plaintiff received expert medical [...]

Motorist alleges back injury in Orange County rear-ender – $450,000 Settlement

By Virginia Lawyers Weekly
Published: July 26, 2010
Tags: ADR, Orange County Circuit Court, Personal Injury

On Aug. 7, 2006, the 48-year-old plaintiff was stopped in a line of traffic when he was rear-ended by defendant Kenneth Rauch, who was operating his own pickup truck within the scope of his employment with defendant WIMCO. As a result of that impact, the plaintiff was forced into the rear of the van in [...]

The risks in opposing a pro se party

By Dolan Media Newswires
Published: June 30, 2010
Tags: ADR, Practice Tips

If you do any litigation, you have probably faced an unrepresented adverse party. According to statistics from the federal courts, 27 percent of all civil filings are by pro se litigants. In many state courts, the percentage is higher. Transactional lawyers, too, increasingly find themselves negotiating with unrepresented adversaries. In difficult economic times with so [...]

U.S. Supreme Court ruling renews debate over arbitration fairness

By Kimberly Atkins
Published: June 29, 2010
Tags: ADR, Employment Discrimination, U.S. Supreme Court

A ruling from the U.S. Supreme Court that the enforceability of an employment arbitration agreement was for an arbitrator to decide – even though the employee claimed the agreement was unconscionable – has drawn the ire of lawyers and lawmakers opposed to mandatory arbitration. The decision gives “corporations yet another free pass to submit employees [...]

Investors allege Wachovia made risky investment recommendations – $276,844 Arbitration Award

By Virginia Lawyers Weekly
Published: June 7, 2010
Tags: ADR

A Financial Industry Reguatlion Authority arbitration panel found Wachovia Securities liable to claimants in the amount of $276,844 in connection with the brokerage firm’s recommendations of Fannie Mae and Freddie Mac preferred stock. Alleging breaches of fiduciary duty, unsuitability, negligence, violations of state, National Association of Securities Dealers and FINRA rules and regulations, plaintiffs contended [...]

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