JohnR.Van Winkle

Recent Articles

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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Van Winkle: Should Indiana adopt Uniform Mediation Act?

October 26, 2011
John Van Winkle writes that the incorporation of all or parts of the Uniform Mediation Act into the Indiana ADR Rule 2 covering mediation would bring clarity to the scope and extent of confidentiality in mediation.
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