Articles

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

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.

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Firms cite 1851 law in Missouri boat accident, seek mediation

Two companies facing multiple lawsuits over a summer tourist boat accident in Missouri that killed 17 people have invoked an 1851 law that allows vessel owners to try to avoid or limit legal damages as they also seek settlement negotiations with victims’ family members. But Tia Coleman, an Indianapolis woman who survived the accident, and lawyers for others whose family members died denounced the filing as callous and insulting.

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Justices expand online CLE, CME credit hours

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.

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Not lost in translation: Mediation with non-English speakers

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.

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IndyBar: Volunteers Needed for Fall Paternity Court Mediation Day, October 5

The IndyBar ADR Section Executive Committee is pleased to announce that we will host our Fall Mediation Day on October 5, 2018, at Barnes & Thornburg LLP. Through Mediation Day, we provide a service to our courts and community by volunteering our time to mediate several screened cases for litigants who qualify for modest means mediation.

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USA Gymnastics president: Mediation with Nassar survivors

The legal portion of the Larry Nassar scandal at USA Gymnastics may soon be over. USA Gymnastics President Kerry Perry said representatives for both the organization and athletes who were abused by Nassar — a former national team doctor who abused hundreds of women under the guise of medical treatment — met last week for mediation talks. 

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Hays & Lee: Prepare to break through mediation impasses

A primary reason for an unsuccessful mediation is when an impasse occurs and parties are unwilling to compromise further to reach resolution. Lawyers representing clients in mediation should see it coming and try to avoid it if they really want to settle their case. Avoiding an impasse should not only be the duty of the mediator, but of participating counsel.

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Paternity court pro bono ADR program helps clients find own solutions

Two times a year, the Alternative Dispute Resolution section of the Indianapolis Bar Association organizes a Paternity Court Mediation Day where volunteer attorneys try to help fighting parents reach an agreement about the care of their children. The cases are selected by the court and deal with issues that arise after paternity has been established — custody, parenting time and child support.

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Zoeller plans government mediation practice for Indianapolis firm

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.

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Van Winkle: Joint sessions in mediation facilitate settlement

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.

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

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.

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