Daniel Schuda, Esq.

Mediation & Consultation

A licensed West Virginia attorney since 1977, I have tried more cases than I can count in most of the counties on all the borders, panhandles, and regions of West Virginia and in all the Federal courts. I have handled thousands of claims of all types including personal injury, contract disputes, insurance coverage, professional malpractice, employment, and construction issues.

When engaged as a mediator, I draw upon a long history of educational, professional, and personal experiences to identify the relevant facts and issues, understand the law and those applying it, and the needs, values and expectations of the parties to seek a resolution acceptable to the parties.

I believe the function of a mediator is to assist and guide the parties and their attorneys to that end — understanding, questioning, opining, and supporting each as appropriate. Achieving justice is a sought-for but not required result.

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Areas of Expertise

I have represented individuals and businesses in a variety of personal injury activities including automobile and trucking accidents and fatalities, slip and fall claims, vehicle battery explosions, dram shop claims, injury and complications following surgery, construction accidents, cataract lens implant injuries, animal attacks, and others.
I defended almost all of the whitewater rafting companies in this State and wrote the release documents used by them from the early 1980’s until the late 1990’s when the insurance carrier which wrote that type of coverage changed.
I have represented over 50 state, regional, and national insurance companies, rendering insurance coverage opinions and defending coverage and bad faith claims. I still occasionally am asked for coverage opinions.
Over the past 44 years of active practice, I have represented countless physicians, chiropractors, dentists, ophthalmologists, engineers, architects, accountants, lawyers, and other professionals in civil suits for professional negligence and/or malpractice, including as involved in products liability matters.
I have experience representing manufacturers in both federal and state courts for claims of personal injury due to machinery defects and heavy equipment malfunction, as well as claims of design, structural and use defectiveness, breach of warranty and negligence.
I have participated in the management of various client businesses and have managed my own business, a law firm with up to 25 employees, and Capitol Center Offices (see elsewhere on this website) for up to 25 years. I understand the challenges and expectations both from the employee and employer perspective, including resolving employee disputes and discharges for myself and clients.

HISTORY AND education

Born and raised in Charleston, West Virginia, I earned a bachelor’s degree from then Glenville State College in 1969 and spent the next four years in the U. S. Air Force, during which I earned a master’s degree in business administration (MBA) from the University of Delaware. I then attended West Virginia University College of Law, obtaining a Juris Doctorate Degree in 1977 where I was a member of Phi Alpha Delta and Associate Editor of the West Virginia Law Review. After admission to the West Virginia Bar in 1977, I served as law clerk to Judge Robert E. Maxwell, Chief Judge of the United States District Court for the Northern District of West Virginia, until 1980.

From 1980 through 1998, I practiced law as an associate and partner with Steptoe & Johnson in Charleston, West Virginia, serving as Litigation Practice Manager in the Charleston office and as a member of the Firm’s Executive Committee, and left to start my own law firm, first Schuda & Jones and later Schuda and Associates. In 2013, I became Of Counsel to Anspach Law in Charleston and in 2018 took a similar position with The Law Office of M. Andrew Brison, P.L.L.C. where I continue to practice on a part-time basis today on selected cases.

Professional AFFILIATIONS

West Virginia State Bar (1977)

U.S. District Court Northern and Southern Districts of WV (1977)

U.S. Court of Appeals, Fourth Circuit (1985)

Kanawha County Bar Association, Member

West Virginia Bar Association, Member

Defense Trial Counsel of West Virginia

Super Lawyer 2007—2009 and 2011—2018

Martindale-Hubbell Attorney Profile

SuperLawyer Attorney Profile

FAQs

what is included in mediation services?

At a reasonable hourly rate, I will analyze the material provided to me by counsel for both parties, investigate relevant issues and surrounding law, maintain open communication throughout the pre- and post-mediation process, conduct the mediation or settlement discussions and, when applicable, draft and file appropriate documents with counsel and the court.

where may mediation take place?

When engaging my services, I offer an ADA-compliant neutral location for conducting mediation at my office on 232 Capitol Street in Charleston, West Virginia. With large conference rooms and private meeting rooms across two floors, my office will configure the best possible arrangement to provide the distance and privacy most beneficial to both parties.

are my communications confidential?

Yes, your communications—including your message requesting I consider mediating your issue—are entirely confidential. All information shared with me prior to, during, or following mediation remains confidential unless the parties, for whatever reason, jointly agree it is not.

HOW DO I BEGIN?

The most efficient means to engage services is to send me a message through my online submission portal. Please include your contact information and background on the issue you plan to mediate, but do not share sensitive data such as account or social security numbers in your initial message.