Donald T. Bucklin, Esq.

Hon. B. Waugh Crigler (Ret.)

Prior to his appointment to the bench, Judge Crigler enjoyed a successful litigation career in Culpeper, handling a variety of cases including personal injury, medical malpractice, product liability, and appellate work.

As a Magistrate Judge, his docket included complex commercial, construction, employment, and IP matters.

A veteran of more than 500 settlement conferences, Judge Crigler now brings his extraordinary dispute resolution experience to The McCammon Group to serve the mediation, arbitration, judge pro tempore, and special master needs of lawyers and litigants throughout the Commonwealth and beyond.

Hon. Dennis W. Dohnal (Ret.)

On February 20, the Richmond Bar Association will present Judge Denny Dohnal with the Hunter W. Martin Professionalism Award in recognition of his exemplary adherence to high ethical standards of conduct, tolerance, respect, and civility.

Hon. Diane M. Strickland (Ret.)

A mediator's opening comments often include a brief biographical sketch, including years and areas of practice, time on the bench and experience as mediator. This year, when I found myself reporting that I retired from the bench and began mediating 10 years ago, I was a bit taken aback. "How time flies when you are having fun..." and fun is what it has been for me. As I tell all who inquire whether I like being a mediator, I thoroughly enjoy helping people to help themselves.

In addition to enjoying the practice of mediation, I have also learned a thing or two in the past 10 years. Having already dropped one plat"a"tude and presuming you are still reading, I will take a chance on employing a few more to share my reflections. I use an "a" instead of an "i" because "plata" means "something of value" in Spanish, and it is my hope that these thoughts will be more than mere banalities.

In Virginia, we are fortunate that mediation is an option, not a requirement. Parties who come to the table voluntarily, armed with knowledge of the process, are far more likely to achieve consensus. 

Lawyers inform their clients of the alternative of mediation in compliance with the duties imposed by Rule 1.4 of the Rules of Professional Conduct. If the client chooses mediation, counsel should explain the different role that the attorney will play, that of negotiator and conciliator rather than that of litigator. 

The client should be fully prepared to actively participate in the process, assisting in presentation of the facts and making decisions. It must be made clear to the client that they, not the mediator, will be the decision maker. In this manner, the square corners are rounded. 

By contrast, many states require mediation as a predicate to having a case heard in court. When the client and counsel feel the mediation process must be endured in order to have their day in court, the effort put forth is often inadequate to resolve the dispute; the parties will simply spend the required number of hours to entitle them to a trial without genuinely discussing the issues. In this manner, the corners remain square.

Mediation can be initiated at any time- pre-filing, prior to discovery, post-discovery, substituted for the trial date or even on appeal. Both time and expense are saved by... Please CLICK HERE to continue reading the full article.