About Hank Jones

After 47 years of practicing law, the last fourteen of which have been with Sturgill, Turner, Barker and Moloney, PLLC, I have decided to retire from the active practice of law and focus on my mediation practice which I have been doing for over 20 years. I have been fortunate to practice and mediate cases with exceptional attorneys State-wide, with my primary areas of concentration being general tort liability, motor vehicle accidents, premises liability (including swimming pool accidents), products liability, professional liability, catastrophic injury claims (such as brain injuries, quadriplegia, amputations), insurance coverage analysis, consent judgment and forbearance agreements and extra-contractual liability claims (common law and statutory bad faith and violation of Consumer Protection Act). My mediation practice will, likewise, continue to focus on these areas.

When and why to Mediate?

The timing of a mediation may be the most important factor to consider for a successful mediation. As most practitioners know, civil litigation can be costly, lengthy and the results uncertain. However, for any mediation to be successful, there must be a sufficient exchange of information to allow each side to adequately evaluate the strengths and weaknesses of their case and to properly advise their respective client.

Facilitative v. Evaluative v. Hybrid

The facilitative mediator structures the process to assist the parties in reaching a mutually agreeable resolution. The facilitative mediator does not make recommendations, give his/her advice or opinions as to outcomes or predict what a court or jury may do.

The evaluative mediator assists the parties by pointing out the strengths and weaknesses of the respective parties’ case. He/she may make formal or informal recommendations.

Hybrid-Every mediation should start out as facilitative. It is important for the mediator to LISTEN, LISTEN, LISTEN to counsel AND their client. Frequently, a party simply wants some third person to LISTEN to them. Therefore, I will start every mediation LISTENING AND LEARNING from each side. The process then frequently evolves into more evaluative. Attorneys and their clients frequently want my input and recommendations. It is important in the LISTENING process that I can assess if and when to make this transition from facilitative to evaluative.

Competency

A mediator’s qualifications and experience constitute the foundation upon which the mediation process depends. Likewise, a mediator should decline to serve if the mediator feels he/she does not possess the necessary qualifications or experience. Therefore, I will only mediate cases in which my practice was concentrated.

Third Party Neutral Allocation of Aggregate Settlements

The case of Branham v. Stewart highlights the potential conflicts of interest which may confront an attorney. A decedent may leave a surviving spouse and minor children. The surviving spouse may be appointed as the personal representative of the decedent’s estate to present wrongful death and conscious pain and suffering claims. The surviving spouse may also have a claim for loss of love and affection. The surviving spouse may also be appointed as the guardian for the minor children to present their loss of love and affection claims. As the Branham case points out, the attorney is confronted with conflicts of interest in how to allocate the aggregate settlement and the protection of funds for the benefit of the minor children. There may also be other competing interests such as worker’s compensation settlement to be approved by the WC ALJ and the WC subrogation from the at-fault party’s insurer.

I have been called upon to act as a Third Party Neutral to make recommendations on an aggregate settlement that was then approved by counsel representing all interest and the trial court.