IndyBar: Mediation Unplugged: A Real-Life Look at Using Mediation to Expedite Resolutions
Whether you are a mediator or a lawyer looking to sharpen your negotiation skills, biases can be a hidden hurdle in achieving the best possible outcomes.
Mediation
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Learning to be a mediator: ‘It’s not Judge Judy’
From neighborhood disputes to landlord-tenant quarrels, the Indy Center for Conflict Resolution works to solve issues in Indianapolis before they escalate.
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Finding common ground in divorce: Couples use mediation as less costly venue
From the mid-2000s to now, mediation has become an accepted part of the divorce process.
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Why arbitrators aren’t using ChatGPT — not yet, anyway
Linda Beyea is the vice president of innovation at the American Arbitration Association and is on a mission to get arbitrators to pay attention to ChatGPT and other similar artificial intelligence programs.
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Beyond the law: Nonattorneys find their place in mediation
Mediation is often hailed as a helpful tool to keep parties out of court and focused on resolving their issues more efficiently. But individuals don’t necessarily have to be a licensed attorney in order to mediate a legal matter.
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Articles
Roseboom: What’s next with AI and the future of mediation?
While it is still wise to give side eye and skepticism to artificial intelligence in the legal field at large, there is also much to be gained from the use and integration of artificial intelligence in the legal industry.
AI use in mediation, arbitration gets a closer look
The use of artificial intelligence, and concerns about how safe and secure it is, is an area of discussion that’s touching all facets of law, including mediation, arbitration and alternative dispute resolution
Van Winkle: Recent mediation articles discuss ‘first offers’
Two recent articles suggest that in certain circumstances, mediation may be advantageous to go against the conventional wisdom of the anchoring effect of making the first offer.
IN Supreme Court amends ADR rule for mediator educational qualifications
The Indiana Supreme Court has issued an order to amend the Indiana Rules for Alternative Dispute Resolution Rule 2.5 (B), which deals with educational qualifications of mediators in domestic relations cases.
Van Winkle: ‘Indiana Pound Conference’: Reimagining mediation
The fact that the other four ADR methods have seldom — if ever — been used has led some stakeholders and commentators to suggest that the rules should be amended to eliminate the four other methods, leaving only mediation governed by the rules.
Toner and Connor: Successful mediations: The practitioner’s perspective
In this article, we share some practitioners’ ideas about what mediators can do to help the parties succeed more often.
Britton: Prepare, prepare, prepare and then prepare some more!
Whether this is your first mediation or 100th, using the following tips for preparation will put you in a position to achieve the outcome you and your client want.
Lueders: Intellectual property mediation: Inverted divorce mediation
The closest analog to IP mediation, in my opinion, is divorce mediation.
IndyBar: Family Law Mediation Day Success
On Aug. 11, the Marion Superior Court Family Division, with the support of the IndyBar Family Law and ADR Sections, volunteer mediators, the Marion Superior Court Executive Committee, court administration and support staff hosted Mediation Day.
Van Winkle: Mediation process issues to watch
Attorneys participating in mediations in Indiana may want to follow the appellate course of two recent federal court orders.
IndyBar: Family Division Mediation Day, August 11
On Aug. 11, the Marion Superior Court, Family Division, with the support of the IndyBar Family Law and ADR Sections, volunteer mediators, the Marion Superior Court Executive Committee, court administration and support staff will be hosting Mediation Day.
Van Winkle: Mediation: Sidetracked, and how to get back on track
It is axiomatic that for mediation to meet its promise, for the process to provide the setting for mediators and lawyers to assist parties in finding mutually acceptable, interest-based solutions to complex disputes, those parties must be present.
IEDC battles $3 million mask lawsuit involving federal sting operation
Employees at a New York company thought they were arranging a $2.95 million face mask delivery — of what they claimed to be 1 million authentic masks — to Indiana’s Economic Development Corporation at the height of the pandemic.
State settlement programs sparsely used as eviction alternative
Indiana’s landlord and tenant settlement program is voluntary, with both sides needing to agree to participate in a conference. That’s resulted in a lot of conference requests, but only a small amount of actually mediated resolutions.
Lewinski: Mediators should understand how businesspeople make decisions
Mediation disputes come in all shapes, sizes and subjects. While it is important to understand the nature and background of the dispute, it may be more important for a mediator to understand what drives the decision-making process of the parties.
Supreme Court removes nonattorney from mediation registry, bars him from providing legal services
The Indiana Supreme Court has removed a nonattorney from the Office of Admissions and Continuing Education’s mediator registry and has permanently barred him from providing or offering to provide legal services unless he obtains an Indiana law license.
Retired judge Tinder joins Chicago firm as neutral, consultant
Retired federal judge John Tinder has joined the law firm Kaplan & Grady LLC as of counsel.
Van Winkle: An unintended consequence of Zoom mediations
It is submitted that the current reluctance of parties to attend mediation sessions in person has had and will continue to have significant and long-lasting negative impacts on the efficacy of the mediation process.
Langford: Overcoming overconfidence bias in the settlement process
How does an attorney find that fine line between confidence and overconfidence when counseling clients on whether to accept the other side’s final settlement number or proceed to trial instead?