Mediation by monitor
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
Alternative Dispute Resolution
Articles
Appeals court: Requests for modification don’t nullify foreclosure
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
IU professor honored by ABA for dispute resolution work
Indiana University School of Public and Environmental Affairs professor Lisa Blomgren Amsler will receive the American Bar Association Dispute Resolution Section’s Award for Outstanding Scholarly Work. Amsler is one of the nation’s foremost experts in the field of dispute resolution.
IU prof turns to ADR to encourage public participation in government
The laws designed to allow members of the public to have a voice in their government are actually stifling the conversation, according to an Indiana University Bloomington expert.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Special task force going word-by-word through ADR rules
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
Mediating Justices: Former justices find that ADR is often a fertile field for life after the court
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.
Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Indianapolis Bankruptcy Division eliminates informal ADR mandate
Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
Judges rule on contractor dispute over new FBI headquarters
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
Mediation confidentiality; ADR rules review coming
The Indiana Supreme Court reiterated in its opinion that Indiana has not adopted the UMA. They also acknowledged that the two amici organizations have further worked to create a task force to review the rules for Alternative Dispute Resolution (now formally recognized by the court).
Supreme Court affirms what is said in mediation, stays in mediation
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
Court finds mediation not so confidential
Some Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
Mediators’ Midwest conference attracts top names
Attorneys travel from around Indiana and the region to hear from national experts and learn techniques.
Justices affirm denial of claim arising after arbitration
A claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed, the Indiana Supreme Court ruled Tuesday.
Bankruptcy Court creating mediator panel
The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.
Cultural background may affect mediation
Awareness and understanding ensure that mediators maintain neutrality and avoid making generalizations about other cultures’ values.
Knowing when the time is right
Mediators say the type of case can dictate when to begin the ADR process.
7th Circuit holds dispute is a matter for national labor board
The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.
Litigation training in short supply
Fewer jury trials leave young lawyers looking for experience outside of court.