Alternative Dispute Resolution - The Indiana Lawyer

Lewinski: Challenged to “Locke” into a property rights resolution

April 30, 2019

In the curriculum for business ethics that I teach to students at Butler University’s Lacy School of Business, we cover John Locke and his notion of private property rights – natural rights that existed for each individual in the state of nature. Locke contended that men left that state of nature, in part, because the challenge of enforcing those rights led to a state of war. In more than 30 years of real estate litigation practice, I have seen what often looks like that state of war play out between litigants.

Restorative justice mediation fosters accountability, lets victims be heard

April 30, 2019

Mediators who work in restorative justice programs around Indiana say the program allows offenders and victims the chance to see each other as human, and perhaps increase accountability and understanding.

Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?

December 11, 2018

In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.

In labor arbitration class action, 7th Circuit asks, ‘What happens next?’

November 27, 2018

A wage and hour lawsuit that would have followed precedent became a case of first impression in the 7th Circuit Court of Appeals with a ruling that held that while employers can prohibit class action arbitration, the district court, not the arbitrator, answers the questions about what can be arbitrated.

New Notre Dame research effort boosts private law program

November 15, 2018

Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.

Construction attorneys say contract disputes remain most common

October 30, 2018

Of all of the things that can go wrong during a construction project, a contractual dispute is the most likely problem. A recent report found that such disputes take, on average, 18 months to resolve — an increase over 2016.

Collection agency’s extensive delay waives arbitration right

October 22, 2018

The 7^th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.

COA sends houseboat dispute to arbitration

October 19, 2018

A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.

Justices expand online CLE, CME credit hours

October 11, 2018

Lawyers and judges can now take twice as many hours of continued legal education through online programming per three-year period after the Indiana Supreme Court amended an existing rule to education requirements. Similarly, mediators will not be denied credit for digital programs under an amendment to continuing mediation education requirements.

Not lost in translation: Mediation with non-English speakers

October 2, 2018

When parties arrive for mediation and extend their hands in greeting, James Browne understands the cultural differences that can be conveyed in the handshake. Browne, partner at Goodin Abernathy LLP in Indianapolis, has been a registered mediator since 2010 and offers bilingual mediation services.

COA: Arbitration agreements in investment case enforceable

June 25, 2018

After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.

IU McKinney professor launches arbitration center for international businesses

June 12, 2018

Through SmartArb, professor Emmert hopes to provide a cheaper, more efficient method of dispute resolution for international businesses through arbitration rather than litigation. SmartArb responds to a need identified by the developing World Trade Center-Indianapolis.

Attorneys, arbitrators: #MeToo isn’t changing employment arbitration agreements

May 1, 2018

The national movement to bring awareness to sexual harassment has stirred a conversation about how workplace harassment claims are resolved. Many victims’ rights advocates have spoken out against arbitration procedures mandated through employment contracts, saying the process is designed to silence victims and keep them out of court.

Zoeller plans government mediation practice for Indianapolis firm

October 17, 2017

Former Indiana Attorney General Greg Zoeller has been a lifelong advocate of mediation and alternative dispute resolutions, building his career around the notion that many disputes can be resolved short of trial. So when Zoeller left the attorney general’s office, it made sense for him to continue his advocacy for mediation and ADR work in the private sector.

Van Winkle: Joint sessions in mediation facilitate settlement

October 3, 2017

As the mediation process has evolved, one of the most significant changes is the trend in many jurisdictions, and among many lawyers and mediators, to dispense with the initial joint session. Perhaps because most of today’s litigators did not have experience with the pre-mediation settlement process, some of the fundamental factors and dynamics that make the joint session important in the settlement process are not evident.

Study: Mediation favored; style fitting litigants’ status may be better

October 3, 2017

A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.

Neutral Corner: Trials may be vanishing but not the need for mediation

May 2, 2017

The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004.

Neutral Corner: Experts advise to ‘think slow’ when handling mediations

February 21, 2017

The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.

Neutral Corner: Indiana’s ADR Rules adopted 25 years ago

October 4, 2016

Although mediation became the main thrust of the ADR Rules, mediation as now known was not the central feature of the rules originally proposed.

Hussmann: Early intervention can provide desired effects

October 3, 2016

For those of us in the dispute resolution business, “desired effects” — justice — must remain an important component of the outcome if the system is to be perceived as fair and useful.

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