Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
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.
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.
Talking and connecting is important in any legal setting, but for the clinics at law schools around Indiana, in-person interaction not only helps the students learn valuable skills, it also may provide low-income individuals the only means to get legal help.
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
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.
Longtime Indiana casino executive Rod Ratcliff has been permanently banned from the state’s gambling industry. Ratcliff, who previously served as chairman and CEO of Centaur Gaming and as CEO and chairman of Spectacle Entertainment, has been entangled in a battle with the Indiana Gaming Commission for months, as the state agency has been investigating Ratcliff and his companies.
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.
Fewer than one in 100 civil matters are decided by juries and less than 4% of criminal cases are, a new study from the American Bar Foundation reports, even as lawyers and judges agree that jury trials tend to be fairer than many alternatives.
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
Neighborhood Christian Legal Clinic has partnered with the city of Indianapolis to create a special website to help Hoosiers around the state who are behind on rent and facing eviction.
As the uncertainty continues over how many struggling Hoosiers could be evicted in the coming months, the Indiana Supreme Court is trying through the new Landlord and Tenant Settlement Conference Program to prevent housing loss and all the bad ramifications that can ensue by inviting landlords and tenants to first have a conversation.
One alternative dispute resolution option to consider during the pandemic is expedited arbitration. Both the American Arbitration Association (AAA) and the International Institute for Conflict Prevention & Resolution (CPR) offer an “expedited” or “fast track” option for dispute resolution that truly accelerates the proceedings.
The Indiana Supreme Court is launching a new mediation program to help stem the anticipated flood of evictions by facilitating settlement agreements between tenants facing eviction and landlords trying to collect rent.
As Gov. Eric Holcomb extended the moratorium on evictions and foreclosures until mid-August, Indiana state courts increased their calls for residents and property owners to start trying to work out agreements that will keep families in their homes.
In anticipation of state courts being overwhelmed with landlord-tenant cases once the pandemic moratorium on evictions is lifted, a task force assembled by the Indiana Supreme Court released recommendations Wednesday that encourage payment plans and alternatives to forcibly removing residents from their homes.