Mediation

Neutral Corner: Experts advise to ‘think slow’ when handling mediations

February 22, 2017
John Van Winkle
The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.
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Neutral Corner: lessons from golf for mediation

December 14, 2016
John Van Winkle
The preamble to the mediation rule could have easily provided, as do the rules of golf, that the mediation rules are guided by the historical principles of the legal profession and the importance that mediation be conducted with integrity and in accordance with these principles.
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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.
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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.
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Court awards $10,000 to deaf litigant denied interpreter

September 14, 2016
Dave Stafford
A deaf Indianapolis man who was denied a sign language interpreter at his court-ordered mediation of a child-custody dispute will receive $10,380 in damages, a federal judge ruled.
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Indiana fights discrimination ruling against trial court

June 15, 2016
Dave Stafford
A federal court ruling that a Marion County court discriminated against a deaf man who was denied an interpreter for his court-ordered mediation is being appealed by the state, which argues he lacked standing to bring the suit under the Americans with Disabilities Act and state courts should be immune from such judgments.
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Judge: Court discriminated against deaf man by denying mediation interpreter

May 31, 2016
Dave Stafford
A deaf Indianapolis man was discriminated against when a court denied providing him an interpreter during a mediation session ordered in his child custody case. A federal judge ruled Friday that Marion Superior Court’s decision to deny the interpreter in a court-funded mediation program violated the Americans with Disabilities Act.
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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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Bankruptcy court seeks comment on expanding mediation procedure

December 18, 2015
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is seeking comment on its proposed expansion of a mortgage loss mitigation mediation program currently used in the New Albany division.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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‘Chic’ Born retiring after 45-year career

November 23, 2015
Marilyn Odendahl
Saying “it’s time,” Indianapolis attorney Samuel “Chic” Born is retiring from the practice of law at year's end.
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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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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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Mediation Assistance Program appoints counsel to help litigants settle cases

May 6, 2015
Marilyn Odendahl
The program, started in 2009, matches attorney volunteers with pro se litigants as they enter settlement talks. In its inaugural year, MAP appointed legal counsel to two settlement conferences. By 2013, MAP attorneys assisted in 43 conferences.
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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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Class-action suit against Indiana BMV to go to mediation

March 5, 2015
 Associated Press
A class-action lawsuit that says the Indiana Bureau of Motor Vehicles overcharged customers by millions of dollars is set to go to mediation.
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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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‘Settlement Week’ helped to change public policy in civil cases

January 14, 2015
Dave Stafford
Lawyers 25 years ago had a radical concept: Let’s see how many civil lawsuits we can settle in a week.
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Deaf man sues state courts over denial of interpreter for mediation

January 14, 2015
Dave Stafford
A deaf man’s federal lawsuit against Indiana courts claiming the state failed to provide a sign language interpreter for mediation in his child custody hearing has survived the state’s initial efforts to dismiss.
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IBM, state enter mediation over failed welfare contract

December 10, 2014
Dave Stafford
IBM Corp. and the state have agreed to mediation as a lawsuit between the parties over the failed billion-dollar contract to privatize welfare services awaits a ruling from the Indiana Supreme Court.
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Indiana high court suggests mediation in IBM case

November 10, 2014
 Associated Press
The Indiana Supreme Court is asking attorneys for the state and IBM Corp. to consider mediation to settle their dispute over IBM's failed attempt to privatize Indiana's welfare services.
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A place for community mediation

September 24, 2014
Dave Stafford
While the state hasn’t funded community mediation centers, a few providers offer limited services.
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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 conference speaker to focus on brain science

September 15, 2014
IL Staff
A California mediator and trainer will present “Brains Matter: The Science and Art of Using the Brain in Mediation” during the 4th annual Midwest Mediators Conference in Indianapolis Sept. 26-27.
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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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