Hays & Lee: Prepare to break through mediation impasses

A primary reason for an unsuccessful mediation is when an impasse occurs and parties are unwilling to compromise further to reach resolution. Lawyers representing clients in mediation should see it coming and try to avoid it if they really want to settle their case. Avoiding an impasse should not only be the duty of the mediator, but of participating counsel.
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Zoeller plans government mediation practice for Indianapolis firm

Former Indiana Attorney General Greg Zoeller has been a lifelong advocate of mediation and alternative dispute resolutions, building his career around the notion that many disputes can be resolved short of trial. So when Zoeller left the attorney general’s office, it made sense for him to continue his advocacy for mediation and ADR work in the private sector.
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Van Winkle: Joint sessions in mediation facilitate settlement

As the mediation process has evolved, one of the most significant changes is the trend in many jurisdictions, and among many lawyers and mediators, to dispense with the initial joint session. Perhaps because most of today’s litigators did not have experience with the pre-mediation settlement process, some of the fundamental factors and dynamics that make the joint session important in the settlement process are not evident.
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