Eric Gang’s Op-Ed on the Veterans Court’s Mediation Pilot Featured in National Law Review
A veteran challenging a denied benefits claim should have a meaningful chance to understand the options before deciding how to proceed. When an early discussion could help resolve an appeal, access to legal guidance deserves particular attention. An opportunity on paper becomes more useful when the person receiving it understands what it offers and where its limits lie.
The U.S. Court of Appeals for Veterans Claims offers an important example. Its court process guidance describes a pilot program allowing self-represented appellants to participate in mediation with an attorney. I believe that approach deserves support, alongside a clearer focus on whether veterans can enter the program, make informed decisions, and navigate what follows.
One distinction matters at the outset. The pilot is not described as sending unrepresented veterans into negotiations alone. The court’s invitation letter explains that participants receive an experienced volunteer attorney, free of charge, for a limited purpose. That lawyer represents them in a court-mediated conference with counsel for the Department of Veterans Affairs.