Professional Details

David M. Remley

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428 Themis st., PO Box 1548
Cape Girardeau, MO 63702-1548
USA
5733342079
Fax: 5733347168

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Description of Practice

David M. Remley is a successful civil litigator and negotiator. in 2004 he opened a mediation practice in civil and domestic cases. At present, mediation is approximately 40% of Mr. Remley's practice. Since beginning his mediation practice, he has completed well over 1500 domestic cases and between 150 and 200 civil cases. In the domestic area, Mr. Remley has handled almost all types of child custody and visitation, child support, domestic abuse and sophisticated property division matters. These cases have included conflicts in every kind of family, including same-sex couples and parties and children in gender transition. In the civil field, Mr. Remley has mediated cases in the following fields: automobile injury, large truck injury, medical negligence, products liability, premises liability, business and partner disputes and dissolutions, covenants not to compete and other employment matters, death and injury in police custody and civil rights violation matters

Professional Background

Missouri Supreme Court, Law Clerk to the Hon. J.P. Morgan Thomasson, Dickerson, Gilbert & Cook, Cape Girardeau, MO: litigation associate, 1981-1985 Thomasson Firm, Cape Girardeau, MO Partner, 1985-1998 Rice, Spaeth, Heisserer, Summers & Remley Cape Girardeau, MO Partner, 1999-2003 The Remley Law Firm & Mediation, Cape Girardeau, MO 2003 to Present

Experience

In the domestic area, Mr. Remley has handled almost all types of child custody and visitation, child support, domestic abuse and sophisticated property division matters. These cases have included conflicts in every kind of family, including same-sex couples and parties and children in gender transition. To date, Mr. Remley has mediated well over 1500 domestic cases. In the civil field, Mr. Remley has mediated cases in the following fields: automobile injury, large truck injury, medical negligence, products liability, premises liability, business and partner disputes and dissolutions, covenants not to compete and other employment matters, death and injury in police custody and civil rights violation matters. To date, Mr. Remley has mediated over 150 civil cases.

Degrees

Graduated Westminster College-Missouri, Cum Laude, 1977 Graduated University of Missouri-Columbia School of Law, 1980 MARCH 40 Hour Course, 2003: Domestic Mediation University of Missouri School of Law Center for the Study of Dispute Resolution, 2004, Civil Mediation University of Missouri-Kansas City School of Law, 2016, Arbitrator Training

Approach

Mr. Remley believes that the key to a successful mediation is to put the parties in the driver's seat and to ensure that the parties understand that their own self-determination will guide the mediation to conclusion. In domestic cases, the issues are almost always "personal" to the parties. Whether the case involves issues with children or the division of the parties' marital property, the case involves "their stuff". As a result, it should be the parties who make the decisions, not the mediator and not the Court. Mr. Remley frequently compares a mediation to the construction of a machine. To him, the mediation is a failure, even if the parties agree on something, if the machine won't run in the real world. So, for Mr. Remley, the mediation that finds and builds real-world solutions is the successful mediation. In civil cases, of course, the challenges are different. Most civil mediations deal with the valuation of and compensation for a recognized legal wrong, mostly in tort and contract. In the vast majority of such cases, there was no relationship between the parties before the untoward event and there will be no relationship between the parties after the mediation has concluded. In almost every case, the resolution of the case will turn on the payment of money by one party to the other. Mr. Remley employs the Socratic and cross examiner's methods in an effort to help the parties view their own and the opposing case to realistically evaluate the value of the case as well as the risks encountered in trial.

Fees

For domestic cases, fees are generally set by the court at $500, typically paid in equal shares of $250 each. This payment is due at the time the mediation begins. This fee will get 3 full hours of services including the review of documents before the mediation, the mediation itself and the drafting of the mediation results memo. Mr. Remley does not accept personal checks or credit or debit cards. Mr. Remley does accept case, money orders, cashiers checks and checks from lawfirms. In Civil cases, Mr. Remley charges $300/hour together with any out of pocket expenses for meals. If Mr. Remley travel, he charges !50 per hour while on the road, portal to portal

Areas of Practice

  • Accidents (125 mediated)
  • Automotive (85 mediated)
  • Boundary Disputes (2 mediated)
  • Business (5 mediated)
  • Commercial
  • Construction (10 mediated)
  • Divorce (all issues) (1,500 mediated)
  • Eminent Domain (5 mediated)
  • Employment (2 mediated)
  • Family
  • Medical Malpractice (10 mediated)
  • Nursing Home (2 mediated)
  • Personal Injury (125 mediated)
  • Products Liability (20 mediated)

Professional Services

  • Mediator
  • Representational Lawyer
  • Mediating Lawyer
  • Arbitrator
  • Collaborative Professional
  • Facilitator
  • Parenting Coordinator