Alternative Dispute Resolution

Funding, use of ADR in family law cases varies in courts around state

May 4, 2016
Dave Stafford
Rensselaer lawyer Samantha Joslyn has handled family law cases filed at the Jasper County courthouse and in several surrounding counties in northwest Indiana. She said whether those cases will be mediated depends in large part on the court where the case is filed.
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Keyes: An alternative alternative dispute resolution process

May 4, 2016
The components of structured negotiation are not new; people resolve problems every day without resorting to litigation. But now the process has been better defined, refined and expanded.
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US Supreme Court ruling affirms class waivers in arbitration clauses

May 4, 2016
Marilyn Odendahl
In today’s marketplace, consumers have a choice when purchasing such things as cellphones, banking services and even medical procedures. Sign the contract and get the product. Don’t sign the contract and don’t get the product.
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Neutral Corner: Recent appellate case raises mediation issues

May 4, 2016
John Van Winkle
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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Comment sought on state court e-filing, other rule changes

February 10, 2016
The Indiana Supreme Court is seeking comments on proposed rule changes that include appellate e-filing and CLE exemptions for judges and attorneys in the military.
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Indiana’s 6 commercial courts set to begin June 1

January 21, 2016
IL Staff
Six commercial courts handling specialized dockets of business cases were announced Wednesday in an order of the Indiana Supreme Court.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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Sweeping changes in HOA laws aim for dispute resolution and transparency

November 4, 2015
Dave Stafford
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
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Method to the mediation

October 7, 2015
Dave Stafford
When "reason leaves the room," an analytical approach can lead a path to dispute resolution.
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Terzo: Arbitration is viable alternative in family law disputes

October 7, 2015
It wasn’t until the 1990s that arbitration began to be seriously considered for family law cases. At that time there was no statute specifically directed to family law arbitration, and Indiana had no caselaw regarding family law arbitration. Our current statute, I.C. 34-57-5-1, et seq, was enacted in 2005. It answered many of the questions attorneys had.
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Brown: Can the gladiator make peace?

October 7, 2015
It is the concept of the peacemaker that so clearly expresses the role of the mediator.
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Neutral Corner: Mediation communications in legal malpractice actions

October 7, 2015
John Van Winkle
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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Project targets elderly in high-conflict families

July 1, 2015
Marilyn Odendahl
Steuben County is a test site for a new eldercaring coordination program.
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Johnson County ADR program sees uptick in caseload

May 6, 2015
 Associated Press, Dave Stafford
Every day, a program in Franklin works with families struggling with divorce, custody battles and child support disputes. The goal is to help resolve arguments, get cases through the court system faster, and help families move on.
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Neutral Corner: Admitting mediation communications in bad-faith actions

May 6, 2015
John Van Winkle
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
John Van Winkle
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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Dealing with differing perceptions of reality

September 24, 2014
Marilyn Odendahl
Mediators say parties don’t always see facts the same way, but a "truth rule" could harm the confidentiality of the process.
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Mediation by monitor

April 23, 2014
Dave Stafford
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
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Reaching an agreement at the round table

April 23, 2014
Marilyn Odendahl
Attorneys find collaborative law allows families to craft their own future.
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Trimble: Avoiding and dealing with pessimism in mediation

April 23, 2014
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Appeals court: Requests for modification don’t nullify foreclosure

March 10, 2014
Dave Stafford
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
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IU professor honored by ABA for dispute resolution work

January 29, 2014
IL Staff
Indiana University School of Public and Environmental Affairs professor Lisa Blomgren Amsler will receive the American Bar Association Dispute Resolution Section’s Award for Outstanding Scholarly Work. Amsler is one of the nation’s foremost experts in the field of dispute resolution.
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IU prof turns to ADR to encourage public participation in government

January 6, 2014
IL Staff
The laws designed to allow members of the public to have a voice in their government are actually stifling the conversation, according to an Indiana University Bloomington expert.
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Mediating Justices: Former justices find that ADR is often a fertile field for life after the court

September 25, 2013
Dave Stafford
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.

Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
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Special task force going word-by-word through ADR rules

September 25, 2013
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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