Mediation - The Indiana Lawyer

Lewinski: Challenged to “Locke” into a property rights resolution

April 30, 2019

In the curriculum for business ethics that I teach to students at Butler University’s Lacy School of Business, we cover John Locke and his notion of private property rights – natural rights that existed for each individual in the state of nature. Locke contended that men left that state of nature, in part, because the challenge of enforcing those rights led to a state of war. In more than 30 years of real estate litigation practice, I have seen what often looks like that state of war play out between litigants.

Restorative justice mediation fosters accountability, lets victims be heard

April 30, 2019

Mediators who work in restorative justice programs around Indiana say the program allows offenders and victims the chance to see each other as human, and perhaps increase accountability and understanding.

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

December 11, 2018

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.

Firms cite 1851 law in Missouri boat accident, seek mediation

October 16, 2018

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.

Justices expand online CLE, CME credit hours

October 11, 2018

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.

Not lost in translation: Mediation with non-English speakers

October 2, 2018

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.

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

September 4, 2018

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.

USA Gymnastics president: Mediation with Nassar survivors

August 20, 2018

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.

IndyBar: Mediation Preparation for Less-Experienced Attorneys in Personal Injury Cases

July 10, 2018

Preparation for mediation is critical. It is as critical as preparing for a trial. Eighty-five to 90 percent of all civil cases settle at mediation or shortly thereafter and well before a jury trial. Therefore, to approach mediation as something that simply will pass and you do all your preparation for trial is a mistake on behalf of your client.

Slain woman’s parents reach settlement in insurance suit

June 21, 2018

The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.

Neutral Corner: Mediation 25 years later — what’s coming in the next 25?

May 1, 2018

In the 25 years since Ross Stoddard’s first program on mediation, he has conducted over 4,500 additional mediations. This highlights the growth of the mediation process in Indiana and in all other states.

Hays & Lee: Prepare to break through mediation impasses

May 1, 2018

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.

Paternity court pro bono ADR program helps clients find own solutions

May 1, 2018

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.

Attorneys, arbitrators: #MeToo isn’t changing employment arbitration agreements

May 1, 2018

The national movement to bring awareness to sexual harassment has stirred a conversation about how workplace harassment claims are resolved. Many victims’ rights advocates have spoken out against arbitration procedures mandated through employment contracts, saying the process is designed to silence victims and keep them out of court.

IndyBar: Help Your Family Law Mediator Help You Settle Your Client’s Family Law Matter

October 31, 2017

Whether you have a full day mediation scheduled or are taking a case to a Marion County Modest Means mediation with a three-hour limit, there are ways to make it more likely that your client’s case will settle.

Zoeller plans government mediation practice for Indianapolis firm

October 17, 2017

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.

Van Winkle: Joint sessions in mediation facilitate settlement

October 3, 2017

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.

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

October 3, 2017

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.

Neutral Corner: Trials may be vanishing but not the need for mediation

May 2, 2017

The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004.

Hays/Raman: Do not treat mediation as routine and ordinary

May 2, 2017

Preparation is the key to success. As lawyers and advocates for our clients, this is not a foreign concept to any of us. However, when it comes to mediation, attorneys sometimes forget this key advice.

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