ILNews

Supreme Court affirms what is said in mediation, stays in mediation

Back to TopCommentsE-mailPrintBookmark and Share

A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.  

In the matter of Dennis Jack Horner v. Marcia (Horner) Carter, No. 34S02-1210-DR-582, the Indiana Supreme Court rebuked the Indiana Court of Appeals conclusion that the confidentiality of mediation can be broken.  

Dennis Horner had wanted to provide testimony of what he said at the mediation as extrinsic evidence that a mistake had been made in the final settlement agreement. The trial court excluded the discussions. While the Indiana Court of Appeals affirmed the denial of relief, it ruled the trial court’s exclusion of the husband’s testimony was in error.

The COA’s findings surprised attorneys and mediators who noted caselaw supports the practice that everything said in mediation is confidential.

The Supreme Court affirmed the judgment of the trial court.

In a footnote, the Supreme Court noted the COA based its decision on a different approach presented in the Uniform Mediation Act drafted by the National Conference of Commissioners on Uniform State Laws. UMA would permit disclosure and discovery of conduct and statements made during mediation in certain circumstances.

However, the Supreme Court pointed out Indiana has not adopted the UMA rules. Instead, Indiana adheres to the Alternative Dispute Resolution Rule 2.11 which holds that evidence of conduct or statements made in compromise negotiations or mediation is not admissible except when offered for a purpose other than to prove liability for or invalidity of the claim or its amount.

“The Court of Appeals concluded that the husband’s statements during the mediation could be admitted as extrinsic evidence to aid in the construction of an ambiguous agreement,” Chief Justice Brent Dickson wrote for the court. “Indiana judicial policy strongly urges the amicable resolution of disputes and thus embraces a robust policy of confidentiality of conduct and statements made during negotiation and mediation. The benefits of compromise settlement agreements outweigh the risks that such policy may on occasion impede access to otherwise admissible evidence on an issue.”



 

ADVERTISEMENT

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. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

ADVERTISEMENT