Alternative Dispute Resolution
Indianapolis Bankruptcy Division eliminates informal ADR mandate
April 12, 2013
IL StaffSouthern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative
dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
MoreJudges rule on contractor dispute over new FBI headquarters
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration
regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist
upon arbitration.
MoreMediation confidentiality; ADR rules review coming
March 27, 2013
The Indiana Supreme Court reiterated in its opinion that Indiana has not adopted the UMA. They also acknowledged that the
two amici organizations have further worked to create a task force to review the rules for Alternative Dispute Resolution
(now formally recognized by the court).
MoreSupreme Court affirms what is said in mediation, stays in mediation
February 12, 2013
Marilyn OdendahlA husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the
Indiana Supreme Court has affirmed.
MoreMediators' Midwest conference attracts top names
November 7, 2012
Dave StaffordAttorneys travel from around Indiana and the region to hear from national experts and learn techniques.
MoreCourt finds mediation not so confidential
November 7, 2012
Marilyn OdendahlSome Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
MoreJustices affirm denial of claim arising after arbitration
October 23, 2012
Dave StaffordA claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed,
the Indiana Supreme Court ruled Tuesday.
MoreBankruptcy Court creating mediator panel
April 11, 2012
IL StaffThe U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators
pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where
this type of mechanism will be appropriate.
MoreKnowing when the time is right
April 11, 2012
Jenny MontgomeryMediators say the type of case can dictate when to begin the ADR process.
MoreCultural background may affect mediation
April 11, 2012
Jenny MontgomeryAwareness and understanding ensure that mediators maintain neutrality and avoid making generalizations about other cultures'
values.
More7th Circuit holds dispute is a matter for national labor board
April 6, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from
employees who brought a hybrid suit against an employer and labor union.
MoreLitigation training in short supply
February 1, 2012
Michael HoskinsFewer jury trials leave young lawyers looking for experience outside of court.
MoreCOA: arbitration provision null and void
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit
filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel
found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void
on grounds of impossibility.
MoreCOA affirms arbitration opinion on rehearing
December 19, 2011
Jenny MontgomeryRehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees
are not bound by an arbitration clause that was signed by predecessors.
MoreMediation could benefit familes with aging parents
October 26, 2011
Jenny MontgomeryWhen siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes
in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if
only more people knew about and used this option.
MoreMediators share ADR session 'horror' stories
October 26, 2011
Michael HoskinsExpecting the unexpected is valuable mediation skill.
MoreJustice-turned-mediator: ADR does work
April 13, 2011
Michael HoskinsWhen he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution,
and now that he's off the bench, he can see firsthand that it truly does work.
MoreMediation firm champions comfort
April 13, 2011
Jenny MontgomeryThe Mediation Option's attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
MoreCOA panel divided on trial court involvement with subpoena
January 12, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply
with a subpoena issued by arbitrators in New York.
MoreCOA: Trust not bound by ISTA employment arbitration clause
December 28, 2010
Michael HoskinsThe Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees
for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses
outlined in their ISTA employment contracts.
MoreSCOTUS mulling the future of class-action suits
November 9, 2010
Michael HoskinsDefense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case
that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
MoreFormer Justice Theodore R. Boehm joins Indy dispute resolution firm
October 13, 2010
Michael HoskinsAside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana
Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest
court that is mostly overlooked.
MoreRetiring justice to join Indy dispute resolution firm
September 30, 2010
Michael HoskinsJustice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony,
using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s
joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
MoreBaker & Daniels hosts pro bono mediations
August 18, 2010
Rebecca BerfangerAs 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.
MoreCourt rules on ADR sanctions, Open Door Law
April 28, 2009
Michael HoskinsTrial courts can sanction government entities through the state's Alternative Dispute Resolution Rules, but officials
aren't necessarily acting in bad faith if they don't immediately approve mediated agreements to comply with the Indiana
Open Door Law, the Indiana Supreme Court ruled today.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.