The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004.
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.
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.
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.
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.