Where the Law CONNECTS West Virginia’ s Legal Ecosystem
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Compiled by Ava Kaiser
Virginia’ s legal ecosystem is an interconnected system of courts, legal professionals and public officials working together to administer justice and shape legal culture. The hardworking professionals who make up this network connect across various practice areas and institutions to deliver these legal services constructively. From alternative dispute resolution to transactional law, legal practice areas often overlap and influence one another.
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ALTERNATIVE DISPUTE RESOLUTION
Written by Debra Scudiere, Municipal Judge for the Cities of Morgantown and Westover
Mediation and arbitration have become increasingly important methods of dispute resolution, collectively known as alternative dispute resolution( ADR). This provides parties with alternatives to going to trial. As legal disputes become increasingly complex and court dockets get increasingly crowded,
ADR offers efficient, cost-effective and flexible methods for resolving conflicts. Trial courts routinely encourage parties to affirmatively explore settlement options before they are allowed to proceed to trial.
Mediation is a voluntary and confidential process in which a neutral third party, known as a mediator, assists disputing parties to reach a mutually acceptable settlement. However, a mediator does not impose a decision. Instead, the mediator facilitates communication, helps identify areas of agreement and encourages creative problem solving.
Arbitration differs from mediation in that a neutral arbitrator hears evidence and arguments and then issues a decision. Depending upon the parties’ agreement,
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WEST VIRGINIA EXECUTIVE