Alternative Dispute Resolution

Price: A look at the past, present and future of mediation

October 5, 2016
Whether experience will show one “model” prevailing or whether we have an environment where mediation is an amalgam of each type driven by the circumstances of the case, one thing is beyond dispute: Mediation is here to stay.
More

Hussmann: Early intervention can provide desired effects

October 5, 2016
For those of us in the dispute resolution business, “desired effects” — justice — must remain an important component of the outcome if the system is to be perceived as fair and useful.
More

Neutral Corner: Indiana’s ADR Rules adopted 25 years ago

October 5, 2016
John Van Winkle
Although mediation became the main thrust of the ADR Rules, mediation as now known was not the central feature of the rules originally proposed.
More

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.
More

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.
More

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.
More

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.
More

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.
More

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.
More

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.
More

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.
More

Method to the mediation

October 7, 2015
Dave Stafford
When "reason leaves the room," an analytical approach can lead a path to dispute resolution.
More

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.
More

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.
More

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.
More

Project targets elderly in high-conflict families

July 1, 2015
Marilyn Odendahl
Steuben County is a test site for a new eldercaring coordination program.
More

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.
More

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.
More

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.
More

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.
More

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.
More

Reaching an agreement at the round table

April 23, 2014
Marilyn Odendahl
Attorneys find collaborative law allows families to craft their own future.
More

Trimble: Avoiding and dealing with pessimism in mediation

April 23, 2014
More

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.
More

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.
More
Page  1 2 3 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

ADVERTISEMENT