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Mediation firm champions comfort

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Carol Terzo proudly states that visitors will find no traditional office furniture at The Mediation Option. At this alternative dispute resolution firm on the north side of Indianapolis, even the dry-erase boards – made of bamboo – are designed to feel homey and inviting.

During a mediation, “There can be a lot of down time,” Terzo said as she pointed out a room where guests can watch TV, relax, or play Guitar Hero. It’s this laid-back atmosphere that Terzo and her associates say distinguish them from other mediators in Indiana.

Trading spaces

mediation group The Mediation Option’s attorneys, from left, Elodie Meuser, Carol Terzo, Lori Anne Perryman, and Noah Schafer, in one of the firm’s mediation rooms. (Not pictured is Emily Bubb). (IBJ Photo/ Perry Reichanadter)

Last year, Terzo began to long for a change of scenery. She had worked for the Marion County Prosecutor’s Office for 22 years, presiding over many civil and family law cases in her roles as a commissioner, a master commissioner, and a senior judge. And she remembered an ADR course she had taken two decades earlier – perhaps the second such class offered in the state, she recalled.

“I thought it was such a wonderful thing to do,” she said about mediation.

So she decided she would open her own ADR office. She mentioned the idea to Lori Anne Perryman, an attorney working in the child support division of the prosecutor’s office. She told Perryman about her idea on a Monday, and by Tuesday, Perryman had decided that when Terzo left, she would go with her.

Perryman had worked for 10 years in the child support division and was known for her success in the collection of unpaid child support. But the job was demanding. “It’s hard not to take that work home with you,” she said.

Also a prosecutor in the child support division, Perryman’s friend Elodie Meuser liked Terzo’s dream of opening an ADR firm. “I was looking for something different,” she said. “I was tired of fighting – I felt like everyone thought I was the enemy.”

The three women decided they would begin looking for a space for an ADR office, finally settling on their location at 93rd and Meridian streets because they liked its proximity to Interstate 465.

Meanwhile, Noah Schafer, an attorney in the prosecutor’s office homicide unit, heard rumors that his colleagues were leaving to start an ADR firm. “I still thought maybe it was a half-baked idea,” he said. But once he talked to them and realized how much research they had done, he figured he should take a chance, and he joined them at TMO.

The four attorneys rounded out the staff with the addition of Emily Bubb, a registered family law mediator. Bubb is not an attorney, but Terzo thinks that’s an advantage – not all clients want to talk to an attorney.

“As you look at us, we all have various strengths and weaknesses,” said Terzo, who calls herself “the token old person.”

Every Friday, the group meets to discuss upcoming mediations and who is best-suited to talk to the parties involved. Terzo said they prefer two mediators to work on a case, a technique known as co-mediation, which she said is new to Indiana.

Some people may be more comfortable talking to a woman, a man, a non-attorney; but most importantly, Terzo said, clients seem to appreciate working with two people. The mediators may not always agree on the best resolution, and as they amicably discuss possible alternatives, clients can witness compromise in action.

ADR v. litigation

People save money by settling disputes out of court. But the less-tangible benefits of ADR may be equally satisfying for TMO’s clients and staff.

“Litigation has kind of a cookie-cutter resolution,” Schafer said, with outcomes of disputes being limited by the constraints of the court system. Perryman added that even when cases are settled in court, the parties involved are often left wanting something more.

“People didn’t have this complete sense of closure,” she said of the many cases she handled for the prosecutor’s office. “They really wanted to express these other things.”

Perryman said that being able to express themselves brings people a sense of relief, and if people can’t say what they want to say, sometimes, “It just festers, and the conflict never goes away.”

Terzo said it’s interesting to watch body language during mediation. Clients who are tense, with their arms drawn close to their body, may – by the end of mediation – be stretched out comfortably on the couch. Mediators can see the relief their clients feel.

All of the TMO attorneys say mediation works for most types of cases, even victim-offender cases. “Except murder,” Schafer interjected. And because of their background in the prosecutor’s office, Perryman says they are familiar with the tension that can arise from complicated personal disputes. If people should be kept apart, each party can be in different rooms, with the mediators literally going back and forth to reach a resolution.

Terzo said she thinks the cozy, inviting environment may help alleviate those interpersonal tensions, noting that even the tough-guy cable TV installers “oohed” and “aahed” when they saw the space.

Despite their best efforts, some issues cannot be resolved – or at least not completely.

In one case, a time constraint resulted in an incomplete mediation. Mediators resolved all but a few issues.

Budget-conscious clients may hope to achieve a lot in a minimal amount of time. Terzo recalled one mediation in which the clients wanted to resolve their conflict in one hour. While the TMO staff nodded in agreement about that being a short time in which to achieve results, Terzo said they were able to do it. The clients were so satisfied, they came back for further mediation.

Even when mediators can’t completely resolve a dispute, Schafer said, “It’s never a waste of time.” Often, one of the greatest benefits of mediation is simply being able to communicate. “They get to see how to talk to each other,” Terzo said.

Building a client base

Some clients find their way to TMO through the Internet, and many come through referrals.

Meuser said if judges have a case in court that they think could be resolved through mediation, they will provide the involved parties with the names of three mediators.

“I’ve been amazed so far,” Terzo said of the volume of clients they have had since opening in January. Schafer said the demand for their services demonstrates the necessity for mediation firms.

TMO’s clients sometimes attend mediation on their own, and people with active or pending court cases may bring along their attorneys.

Perryman said busy attorneys appreciate being able to remediate. Meuser recalled that at the prosecutor’s office she was unable to spend as much time with clients as she would have liked, which is one reason she enjoys her work at TMO – the time she spends talking to people.

Schafer said people in general may wrongly believe that attorneys deliberately drag out their work to increase billable hours. Quite the opposite, he says, “I think attorneys are happy when things get resolved quickly.”

“We make attorneys look good,” he said. “Especially when an attorney comes with a client to the office, and the client gets to see (his/her attorney) advocate for them in a way they can’t in court.”•

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  • Satisfied Client
    I have used TMO, and specifically Mr. Schafer, to mediate dissolution of marriage proceedings and have been very satisfied with the outcome and the professional approach!
  • Good Job Guys
    Great attorneys that will do well in this specialty. Keep up the good work!!!

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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