ILNews

Baker & Daniels hosts pro bono mediations

Back to TopE-mailPrint

As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms will consider if they have the available space.

Organized by the Indianapolis Bar Association ADR and pro bono committees, the event was hosted Aug. 3 by Baker & Daniels’ downtown Indianapolis office.

Brita Horvath and Andrew Campbell, co-chairs of the pro bono section who both work for Baker & Daniels, offered the space when asked by the ADR committee’s chair Jill Goldenberg of Cohen Garelick & Glazier, and incoming chair Elisabeth Edwards of Jocham Harden Dimick Jackson in Carmel.

Edwards said they had more than enough offers from volunteer mediators for that day and anticipated future pro bono mediations would also have good volunteer participation.

ProBono Greg Noland of Emswiller Williams Noland & Clarke talks with the parties about his role in their pro bono mediation. The Indianapolis Bar Association ADR and pro bono committees organized the event. (IBJ Photo/ Perry Reichanadter)

Because this was a first-time event, Commissioner Sheryl Lynch assigned 10 mediations for paternity cases based on what she thought would be likely to settle while screening non-domestic violence cases that would come through paternity court.

Past-ADR committee chair Holly Wanzer, also of Jocham Harden Dimick Jackson, participated in the mediations and said paternity cases were likely the easiest family law cases to resolve in this type of setting because they had a finite number of issues.

Sessions were scheduled from 8 a.m. to noon and 1 to 5 p.m. Most of the cases settled or concluded in some way.

A handful of the scheduled cases settled prior to the mediation day, but Edwards and Wanzer said that was still a positive thing in terms of lightening the court’s docket. Both said that knowing there was a court date looming, the parties probably got more serious about settling.

But even with fewer mediations taking place than scheduled, the mediators who volunteered and helped organize the event said it was still worthwhile overall.

Wanzer had a case that settled after an hour and a half. She said the parties had attorneys available by phone in case the parties decided they wanted to talk to them, but in the end they settled without calling attorneys.

“Both were defensive when they came in the door,” she said. “They were here by court order, not by choice. But once we started talking about issues as they related to their child, it turned out they agreed on more than they thought. We were able to get past the emotional aspects of ‘I’m mad at you.’ … The big winner in this case was the child. They were able to set up new arrangements for parenting time that will start this week.”

Another success story from the day was from Judy Tyrrell of Tabbert Hahn Earnest & Weddle. In the case she handled, she said both parties had attorneys in the room who she said were “very cooperative and helpful.”

She said they started around 8 a.m. and had an agreement by 9 a.m., followed by some tweaking.

“The lawyers were realistic with their clients,” Tyrrell said. “Neither one got everything they wanted, but they each got more than they thought they would.”

Phyllis Armstrong of The Mediation Group in Indianapolis also ended her mediation with a signed agreement. Her parties took about three hours to come to agreement, and like Tyrell, both parties had attorneys with them in the room.

“They said they had tried to talk before,” she said, but that it helped to have a mediator to keep them focused on what really mattered in their case. “They were elated when they learned they’d leave with something they could sign. It helped them wrap up loose ends.”

But Edwards wasn’t as lucky.

The father in her case never showed up. She said she was disappointed because she told the mother who did show up that this would be a chance for her opinions to be heard and that the father in the case would have to be civil and respectful in the mediation setting.

Edwards said she was “99.99 percent sure” the case would have ended with a signed agreement, but she guessed that because the father didn’t attend, it would only look bad on future appearances for his case.

The mediators also agreed there was a sense of seriousness in the room because there was a judge pro tem on-site to sign off on mediations and file them with the court. It was also more convenient, they agreed.

“There’s also the possibility the judge won’t sign off on an agreement,” so having one here to explain why would allow the parties a chance to do whatever they need to do to get the judge’s approval while they’re still here, she said.

“Ideally this would be an annual event, if not two times a year,” she said. “I’m confident there are enough cases. When we put a call out to the ADR section for volunteers, we had to turn people away.”

While Marion County does offer a modest means mediation program for family law cases, which has a sliding scale for parties that can be as low as $10, organizers noted this program was free for the parties.

They also said that by having the space at Baker & Daniels – five conference rooms, plus an extra room with a small table and a phone if anyone wanted to take a break to meet with or call an attorney, not to mention access to support staff – was a huge help.

The mediators were also able to invoice the court $100 per hour for their time, as any mediator who offers to work for the modest means program is able to do, but in this case they donated the funds to the Indianapolis Bar Foundation.

All those involved said if other firms would like to host a similar event, they could be contacted directly. Horvath said she’d be happy to answer questions from the perspective of someone who hosted the event, and she can be reached at Brita.Horvath@bakerd.com. Goldenberg who oversaw the event can be reached at jgoldenberg@cgglawfirm.com.•

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT