ILNews

Mediation firm champions comfort

Back to TopCommentsE-mailPrintBookmark and Share

Carol Terzo proudly states that visitors will find no traditional office furniture at The Mediation Option. At this alternative dispute resolution firm on the north side of Indianapolis, even the dry-erase boards – made of bamboo – are designed to feel homey and inviting.

During a mediation, “There can be a lot of down time,” Terzo said as she pointed out a room where guests can watch TV, relax, or play Guitar Hero. It’s this laid-back atmosphere that Terzo and her associates say distinguish them from other mediators in Indiana.

Trading spaces

mediation group The Mediation Option’s attorneys, from left, Elodie Meuser, Carol Terzo, Lori Anne Perryman, and Noah Schafer, in one of the firm’s mediation rooms. (Not pictured is Emily Bubb). (IBJ Photo/ Perry Reichanadter)

Last year, Terzo began to long for a change of scenery. She had worked for the Marion County Prosecutor’s Office for 22 years, presiding over many civil and family law cases in her roles as a commissioner, a master commissioner, and a senior judge. And she remembered an ADR course she had taken two decades earlier – perhaps the second such class offered in the state, she recalled.

“I thought it was such a wonderful thing to do,” she said about mediation.

So she decided she would open her own ADR office. She mentioned the idea to Lori Anne Perryman, an attorney working in the child support division of the prosecutor’s office. She told Perryman about her idea on a Monday, and by Tuesday, Perryman had decided that when Terzo left, she would go with her.

Perryman had worked for 10 years in the child support division and was known for her success in the collection of unpaid child support. But the job was demanding. “It’s hard not to take that work home with you,” she said.

Also a prosecutor in the child support division, Perryman’s friend Elodie Meuser liked Terzo’s dream of opening an ADR firm. “I was looking for something different,” she said. “I was tired of fighting – I felt like everyone thought I was the enemy.”

The three women decided they would begin looking for a space for an ADR office, finally settling on their location at 93rd and Meridian streets because they liked its proximity to Interstate 465.

Meanwhile, Noah Schafer, an attorney in the prosecutor’s office homicide unit, heard rumors that his colleagues were leaving to start an ADR firm. “I still thought maybe it was a half-baked idea,” he said. But once he talked to them and realized how much research they had done, he figured he should take a chance, and he joined them at TMO.

The four attorneys rounded out the staff with the addition of Emily Bubb, a registered family law mediator. Bubb is not an attorney, but Terzo thinks that’s an advantage – not all clients want to talk to an attorney.

“As you look at us, we all have various strengths and weaknesses,” said Terzo, who calls herself “the token old person.”

Every Friday, the group meets to discuss upcoming mediations and who is best-suited to talk to the parties involved. Terzo said they prefer two mediators to work on a case, a technique known as co-mediation, which she said is new to Indiana.

Some people may be more comfortable talking to a woman, a man, a non-attorney; but most importantly, Terzo said, clients seem to appreciate working with two people. The mediators may not always agree on the best resolution, and as they amicably discuss possible alternatives, clients can witness compromise in action.

ADR v. litigation

People save money by settling disputes out of court. But the less-tangible benefits of ADR may be equally satisfying for TMO’s clients and staff.

“Litigation has kind of a cookie-cutter resolution,” Schafer said, with outcomes of disputes being limited by the constraints of the court system. Perryman added that even when cases are settled in court, the parties involved are often left wanting something more.

“People didn’t have this complete sense of closure,” she said of the many cases she handled for the prosecutor’s office. “They really wanted to express these other things.”

Perryman said that being able to express themselves brings people a sense of relief, and if people can’t say what they want to say, sometimes, “It just festers, and the conflict never goes away.”

Terzo said it’s interesting to watch body language during mediation. Clients who are tense, with their arms drawn close to their body, may – by the end of mediation – be stretched out comfortably on the couch. Mediators can see the relief their clients feel.

All of the TMO attorneys say mediation works for most types of cases, even victim-offender cases. “Except murder,” Schafer interjected. And because of their background in the prosecutor’s office, Perryman says they are familiar with the tension that can arise from complicated personal disputes. If people should be kept apart, each party can be in different rooms, with the mediators literally going back and forth to reach a resolution.

Terzo said she thinks the cozy, inviting environment may help alleviate those interpersonal tensions, noting that even the tough-guy cable TV installers “oohed” and “aahed” when they saw the space.

Despite their best efforts, some issues cannot be resolved – or at least not completely.

In one case, a time constraint resulted in an incomplete mediation. Mediators resolved all but a few issues.

Budget-conscious clients may hope to achieve a lot in a minimal amount of time. Terzo recalled one mediation in which the clients wanted to resolve their conflict in one hour. While the TMO staff nodded in agreement about that being a short time in which to achieve results, Terzo said they were able to do it. The clients were so satisfied, they came back for further mediation.

Even when mediators can’t completely resolve a dispute, Schafer said, “It’s never a waste of time.” Often, one of the greatest benefits of mediation is simply being able to communicate. “They get to see how to talk to each other,” Terzo said.

Building a client base

Some clients find their way to TMO through the Internet, and many come through referrals.

Meuser said if judges have a case in court that they think could be resolved through mediation, they will provide the involved parties with the names of three mediators.

“I’ve been amazed so far,” Terzo said of the volume of clients they have had since opening in January. Schafer said the demand for their services demonstrates the necessity for mediation firms.

TMO’s clients sometimes attend mediation on their own, and people with active or pending court cases may bring along their attorneys.

Perryman said busy attorneys appreciate being able to remediate. Meuser recalled that at the prosecutor’s office she was unable to spend as much time with clients as she would have liked, which is one reason she enjoys her work at TMO – the time she spends talking to people.

Schafer said people in general may wrongly believe that attorneys deliberately drag out their work to increase billable hours. Quite the opposite, he says, “I think attorneys are happy when things get resolved quickly.”

“We make attorneys look good,” he said. “Especially when an attorney comes with a client to the office, and the client gets to see (his/her attorney) advocate for them in a way they can’t in court.”•

ADVERTISEMENT

  • Satisfied Client
    I have used TMO, and specifically Mr. Schafer, to mediate dissolution of marriage proceedings and have been very satisfied with the outcome and the professional approach!
  • Good Job Guys
    Great attorneys that will do well in this specialty. Keep up the good work!!!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT