ILNews

Baker & Daniels hosts pro bono mediations

Back to TopE-mailPrintBookmark and Share

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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT