Van Winkle: Mediation: When does it start and where does it end?
Mediation is a process, starting before and extending beyond the traditional meeting or “session.”
Alternative Dispute Resolution
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Beyond the law: Nonattorneys find their place in mediation
Mediation is often hailed as a helpful tool to keep parties out of court and focused on resolving their issues more efficiently. But individuals don’t necessarily have to be a licensed attorney in order to mediate a legal matter.
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Deal or no deal? Mediators, attorneys say ADR may not be best route for M&A transactions
Some could argue that alternative dispute resolution is the solution to speeding up the process for M&A deals stuck in limbo, but both mediators and M&A attorneys alike agree mediation and arbitration are not the routes they’d choose in most situations.
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Web Exclusive: Longtime mediators celebrate 20 years of The Mediation Group
After 20 years, Neil Bemenderfer and Richard Kraege are still some of the Indianapolis area’s busiest registered mediators.
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Mediators play important role in AG’s Consumer Protection Division
Litigation isn’t the only means of resolving public complaints in the Indiana Attorney General’s Office. In fact, the office has a dedicated staff working every day to help consumers and businesses come to agreements outside of the court system.
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Articles
French: Managing blocks to successful commercial dispute resolution
Taft partner Peter French shares his thoughts on mediation in commercial disputes.
Going online for dispute resolution
Online dispute resolution has grown in popularity since the start of the COVID-19 pandemic. However, depending on who you ask, ODR could be defined in different ways. While many legal functions can now be completed by virtual means, Indiana’s judiciary didn’t have a “formal” ODR concept until last year. An ODR pilot project is currently […]
Van Winkle: Confidentiality: Elegance of the Uniform Mediation Act
There was universal consensus when mediation was introduced in the early 1990s that mediations should be “confidential.” The ADR rules adopted in Indiana and most other states, however, failed to set forth clear standards and guidelines for courts and mediation participants faced with issues of confidentiality of mediation communications.
Not wanting to wait for court, more people seeking mediation
More attorneys and their clients have been seeking mediation because of the backlog in the courts. Mediators explained they are seeing parties who want to get their disputes resolved but are not willing to wait for the courts’ calendars to clear.
Van Winkle: Mediation advocacy in the age of ‘meet and greet’ sessions
The recent trend toward only “meet and greet” joint sessions in mediation presents a serious challenge to lawyers in discharging one of their primary mediation functions: to advocate on behalf of their clients to get the best settlement option on the table.
St. Pierre: Ending Forced Arbitration of Sexual Assault, Harrassment Act
On March 3, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act.
Neutral Corner: The mediation process: 30 years later
Although mediation has been an integral part of the civil justice system for more than 30 years, there was not at its inception, nor is there today, a commonly accepted definition or agreement as to what constitutes the “process” of mediation.
IndyBar: Mediation Training: Learning What it Takes to Become a Mediator
In August of 2021, LaToya Highsaw received a scholarship from the IndyBar Alternative Dispute Resolution Section to attend a four-day mediation training.
Open House: Applegate & Dillman opens elder law mediation center
The Applegate & Dillman Elder Law Mediation Center officially opened Sept. 8 to provide an out-of-court option for families to resolve elder law disputes.
Winingham: Mediation myths busted: What litigators need to know
If you’re a litigator, mediation is likely a large part of your practice. Nevertheless, there are still a variety of common myths that either prevent parties from mediating a case or prevent them from having a productive mediation.
French: To skip or not to skip the opening statement in mediation
Taking a pass on opening statements in mediation is an easy out. However, does that make it a good idea? Should it be the rule, rather than the exception? Is forgoing the opening statement in the client’s best interests?
Fulford and Trimble: Indiana mediators address mediation post-COVID
One of the big questions on the minds of lawyers, judges and mediators everywhere, not just in Indiana, is what mediation is going to look like “post-COVID.” We interviewed some of Indiana’s most prolific mediators regarding this issue.
Innovation Initiative’s Family Law Taskforce submits recommendations to Supreme Court
With an ultimate goal of improving access to justice in family law cases, the Family Law Taskforce of the Indiana Supreme Court’s Innovation Initiative nailed down more than a dozen recommendations, with five being considered “essential for reform.” Now, that final report is headed to the Indiana justices.
Laurin: Viewing mediation success from both sides of the equation
I have represented clients in numerous mediations for the past 25 years. In the last five years, while continuing to represent clients in mediations, I have had the opportunity to view the process from the other side as a private mediator. Based on this “dual role,” here are a few expectations that I believe the parties should have for each other in a mediation.
Lewinski: Filling in the blanks: A key to a successful mediation
An awareness of the concept of implicit bias and some self-reflection can help us to account for implicit biases in our judgments and decision-making. This is particularly important for mediators.
Online provider FairShake helps consumers maneuver arbitration process
Teel Lidow, an attorney and entrepreneur, has entered the consumer arbitration space as the CEO and founder of FairShake. This online service helps individuals navigate the arbitration process when they find a billing error or have a complaint about faulty products and services.
SCOTUS to settle circuit split in foreign arbitration case
An aircraft engine fire that sparked a foreign arbitration discovery battle between an American manufacturer and a British company over a 150-year-old law is headed to the United States Supreme Court for clarification.
Feedback sought on proposed amendments to Indiana Rules of Court
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.