ILNews

IBA: Meaningful Pro Bono and Courtroom Experience Available through the Mediation Assistance Program

Back to TopCommentsE-mailPrintBookmark and Share

iba-map.gifBy Kristine Seufert, United States District Court, Southern District of Indiana

More than 25 percent of the cases pending in the United States District Court, Southern District of Indiana, have a least one pro se litigant. To address this community need, the Court launched the Mediation Assistance Program (MAP) in September 2009.

Since its inception, the MAP, through its attorney volunteers, has provided an outstanding service to both pro se litigants and the court. Attorneys who participate in the MAP are given the opportunity to provide quality pro bono work to pro se litigants unfamiliar with court procedures and the law by representing otherwise pro se litigants at Court-sponsored mediations. Magistrate Judges Tim A. Baker and Denise K. LaRue have used MAP counsel in multiple cases and enthusiastically support the program.

“MAP counsel provide pro se parties with an important sounding board to evaluate their case and assist them in assessing legal arguments, crafting settlement demands, considering offers, and completing settlement documents when a case is resolved. In this regard, MAP attorneys help not only the pro se parties, but the court and the legal system as a whole.” Judge Baker said.

Judge LaRue explains, “Without a MAP attorney, I am always concerned when I privately caucus with each party during a settlement conference that the unrepresented litigant might misinterpret my role to be that of legal advisor instead of Judge—despite my frequent and clear reminders to the contrary. Because of this concern, I would be less inclined to hold a settlement conference in pro se cases if we did not have MAP volunteer attorneys.”

The MAP attorney, who is appointed by the magistrate judge presiding over the case, assists in preparing for the settlement conference (including meeting with the client and preparation of a confidential settlement statement), participates in the settlement conference on behalf of the pro se litigant, and drafts a settlement agreement and corresponding stipulation of dismissal, if appropriate. Assistance under the MAP is limited, however, only to the settlement conference and does not extend to any other part of the litigation process (including discovery to prepare for the conference).

“In my experience, when a MAP attorney is involved, the case gets settled with fewer bumps along the way. For example, on the front end, the MAP attorney can explain to the unrepresented litigant any applicable legal limits on recovery which, in some instances, leads to a more realistic settlement position,” says Judge LaRue. “On the back end, the MAP attorney provides assistance to the pro se in reviewing and explaining legal terminology contained in the final settlement document.”

The MAP also provides valuable experience for attorneys wishing to appear in court. “Opportunities to represent clients in a court setting are unfortunately hard to come by,” Judge Baker said. “The MAP program provides both new and experienced attorneys a chance to appear in court, feel the excitement of litigation, and do some good in the process. It’s a win-win situation.”

MAP volunteers consistently report that their participation in the program was a positive experience. Al McLaughlin, Office Managing Shareholder of Littler Mendelson PC, has been participating in the MAP since its inception and has successfully assisted otherwise pro se litigants in negotiating a settlement agreement in four separate cases. “I continue to provide pro bono service through the MAP because the work is rewarding and interesting. I have been given the opportunity to represent individuals that I would not otherwise have had a reason to connect with. I enjoy being in a position to provide these individuals with practical and legal assistance and knowing that my representation has made a difference in their lives.”•

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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT