The recent trend toward only “meet and greet” joint sessions in mediation presents a serious challenge to lawyers in discharging one of their primary mediation functions: to advocate on behalf of their clients to get the best settlement option on the table.
On March 3, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act.
Although mediation has been an integral part of the civil justice system for more than 30 years, there was not at its inception, nor is there today, a commonly accepted definition or agreement as to what constitutes the “process” of mediation.
In August of 2021, LaToya Highsaw received a scholarship from the IndyBar Alternative Dispute Resolution Section to attend a four-day mediation training.
After 20 years, Neil Bemenderfer and Richard Kraege are still some of the Indianapolis area’s busiest registered mediators.
The Applegate & Dillman Elder Law Mediation Center officially opened Sept. 8 to provide an out-of-court option for families to resolve elder law disputes.
Litigation isn’t the only means of resolving public complaints in the Indiana Attorney General’s Office. In fact, the office has a dedicated staff working every day to help consumers and businesses come to agreements outside of the court system.
If you’re a litigator, mediation is likely a large part of your practice. Nevertheless, there are still a variety of common myths that either prevent parties from mediating a case or prevent them from having a productive mediation.
Taking a pass on opening statements in mediation is an easy out. However, does that make it a good idea? Should it be the rule, rather than the exception? Is forgoing the opening statement in the client’s best interests?
One of the big questions on the minds of lawyers, judges and mediators everywhere, not just in Indiana, is what mediation is going to look like “post-COVID.” We interviewed some of Indiana’s most prolific mediators regarding this issue.
With an ultimate goal of improving access to justice in family law cases, the Family Law Taskforce of the Indiana Supreme Court’s Innovation Initiative nailed down more than a dozen recommendations, with five being considered “essential for reform.” Now, that final report is headed to the Indiana justices.
I have represented clients in numerous mediations for the past 25 years. In the last five years, while continuing to represent clients in mediations, I have had the opportunity to view the process from the other side as a private mediator. Based on this “dual role,” here are a few expectations that I believe the parties should have for each other in a mediation.
An awareness of the concept of implicit bias and some self-reflection can help us to account for implicit biases in our judgments and decision-making. This is particularly important for mediators.
Teel Lidow, an attorney and entrepreneur, has entered the consumer arbitration space as the CEO and founder of FairShake. This online service helps individuals navigate the arbitration process when they find a billing error or have a complaint about faulty products and services.
An aircraft engine fire that sparked a foreign arbitration discovery battle between an American manufacturer and a British company over a 150-year-old law is headed to the United States Supreme Court for clarification.
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.
It’s no secret jury trials are declining across America, even as they are increasing in other parts of the world. What’s less obvious, though, is why that decline is occurring and how alternate means of resolving cases are impacting perceptions of fairness.
A New York-based copyright holder that sued the late Hoosier artist Robert Indiana a day before his death has reached a settlement with his estate and the foundation set up to transform the artist’s home into museum.
Two Indianapolis lawyers who had an idea to start a pro bono mediation service for family law cases were stunned by the reception from the local legal community, as more than 100 answered a call for volunteers. “It’s mind-blowing,” said one of the organizers of a program described as “blue jeans mediation.”
Recently, I participated in a mediation. The case did not settle. Later that evening, I received an email from the mediator, giving me some feedback as to the what the mediator thought were the stumbling blocks in the case that day and some ideas as to what resolutions may still be salvageable. I rarely receive post-mediation emails from a mediator. But I really appreciated the feedback. It was challenging yet motivating.