JohnR.Van Winkle

Recent Articles

Neutral Corner: Experts advise to ‘think slow’ when handling mediations

February 22, 2017
The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.
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Neutral Corner: lessons from golf for mediation

December 14, 2016
The preamble to the mediation rule could have easily provided, as do the rules of golf, that the mediation rules are guided by the historical principles of the legal profession and the importance that mediation be conducted with integrity and in accordance with these principles.
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Neutral Corner: Indiana’s ADR Rules adopted 25 years ago

October 5, 2016
Although mediation became the main thrust of the ADR Rules, mediation as now known was not the central feature of the rules originally proposed.
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Neutral Corner: Recent appellate case raises mediation issues

May 4, 2016
The recent Indiana Court of Appeals decision Jonas v. State Farm Life Ins. Co., ____N.E. 3d ______, 2016 WL 1248589 (Ind. Ct. App. 2016) highlights several issues concerning mediation and settlement in both state and federal courts.
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Neutral Corner: Reaction to SCOTUS’ recent arbitration decision

February 10, 2016
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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Neutral Corner: Mediation communications in legal malpractice actions

October 7, 2015
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
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Neutral Corner: Admitting mediation communications in bad-faith actions

May 6, 2015
Are statements, offers and demands made during a mediation admissible in a bad-faith case? This issue is presently pending before the 9th Circuit Court of Appeals and is being watched by many in the mediation community with the hope it will clarify to what extent exceptions will continue to be created to the mediation confidentiality statutes.
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Neutral Corner: Use of mediator’s proposal should be a last resort

February 11, 2015
Mediation got an early and strong foothold in California in the late 1980s and that state has been an incubation site for several trends in the mediation process – some good, some bad and some perhaps a little ugly.
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Van Winkle: Decision pits mediation confidentiality against contract law

July 18, 2012
Attorney and mediator John Van Winkle discusses the difficulties that occur when mediation confidentiality provisions collide with long-established contract common law.
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