Litigation training in short supply
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Alternative Dispute Resolution
Articles
COA: arbitration provision null and void
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Mediators share ADR session ‘horror’ stories
Expecting the unexpected is valuable mediation skill.
Mediation could benefit familes with aging parents
When siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if only more people knew about and used this option.
Mediation firm champions comfort
The Mediation Option’s attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
Justice-turned-mediator: ADR does work
When he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution, and now that he’s off the bench, he can see firsthand that it truly does work.
COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
COA: Trust not bound by ISTA employment arbitration clause
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
SCOTUS mulling the future of class-action suits
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
Former Justice Theodore R. Boehm joins Indy dispute resolution firm
Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.
Retiring justice to join Indy dispute resolution firm
Justice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony, using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
Baker & Daniels hosts pro bono mediations
As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference
rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms
will consider if they have the available space.
Comment sought on ADR rule changes
Changes may be coming to the rules governing Alternative Dispute Resolution in Indiana.
Court rules on ADR sanctions, Open Door Law
Trial courts can sanction government entities through the state's Alternative Dispute Resolution Rules, but officials aren't necessarily acting in bad faith if they don't immediately approve mediated agreements to comply with the Indiana Open Door Law, the Indiana Supreme Court ruled today.