Donald T. Bucklin, Esq.

Hon. Charles Poston (Ret.)

After more than twenty-five years of distinguished judicial service, Judge Charles Poston has recently retired. Judge Poston served the Norfolk Circuit Court with distinction for twenty years, including three years as Chief Judge. Prior to that appointment, he served in the Norfolk Juvenile and Domestic Relations District Court for six years, including four years as Chief Judge. Judge Poston was the Presiding Judge for Virginia's first Mental Health Court and is a former member of the Boyd-Graves Conference. Before his judicial service, Judge Poston enjoyed a successful career in private practice in Hampton Roads. He also served in the United States Army Reserve, rising to the rank of Lieutenant-Colonel in the Infantry.

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Hon. Alexander Williams, Jr. (Ret.)

Hon. B. Waugh Crigler (Ret.)

When this writer retired after serving 32 years as a United States Magistrate Judge in the Western District of Virginia, having presided over hundreds, if not a thousand, settlement proceedings and having reentered the law as what one colleague termed a "newly minted" private mediator, a single question continued to surface.  That question was whether there are differences in dispute resolution proceedings where, on the one hand, an active or retired judge presides over a court-annexed or supervised conference, or, on the other, participates in a private mediation.  For ease of delineation between the two, and for the reasons that follow, the court-annexed process will be called a "settlement conference," and the private process will be called "mediation."  Either can be initiated because they are compelled or authorized by state or federal court pretrial procedures, or because they are initiated by mutual agreement of the parties.  Each is intended to bring the parties together in negotiations that will end the controversy between or among them irrespective of whether a suit has been filed.  However, this writer's short answer to the question... TO CONTINUE READING, PLEASE CLICK HERE