The Indiana Supreme Court has issued an order to amend the Indiana Rules for Alternative Dispute Resolution Rule 2.5 (B), which deals with educational qualifications of mediators in domestic relations cases.
Finding common ground in divorce: Couples use mediation as less costly venue
From the mid-2000s to now, mediation has become an accepted part of the divorce process.Read More
Why arbitrators aren’t using ChatGPT — not yet, anyway
Linda Beyea is the vice president of innovation at the American Arbitration Association and is on a mission to get arbitrators to pay attention to ChatGPT and other similar artificial intelligence programs.Read More
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.Read More
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.Read More
The fact that the other four ADR methods have seldom — if ever — been used has led some stakeholders and commentators to suggest that the rules should be amended to eliminate the four other methods, leaving only mediation governed by the rules.
In this article, we share some practitioners’ ideas about what mediators can do to help the parties succeed more often.
Discovery, motions, parties most common delays in ADR: How arbitrators untangle common process issues
Michael Bishop is a commercial arbitrator. It doesn’t really matter how big any particular case is — the process is essentially the same, which means he’ll see extended delays from the smallest of consumer cases all the way up to large contract cases.
Whether this is your first mediation or 100th, using the following tips for preparation will put you in a position to achieve the outcome you and your client want.
The closest analog to IP mediation, in my opinion, is divorce mediation.
It is axiomatic that for mediation to meet its promise, for the process to provide the setting for mediators and lawyers to assist parties in finding mutually acceptable, interest-based solutions to complex disputes, those parties must be present.
Indiana’s landlord and tenant settlement program is voluntary, with both sides needing to agree to participate in a conference. That’s resulted in a lot of conference requests, but only a small amount of actually mediated resolutions.
Mediation disputes come in all shapes, sizes and subjects. While it is important to understand the nature and background of the dispute, it may be more important for a mediator to understand what drives the decision-making process of the parties.
It is submitted that the current reluctance of parties to attend mediation sessions in person has had and will continue to have significant and long-lasting negative impacts on the efficacy of the mediation process.
Mediation is a process, starting before and extending beyond the traditional meeting or “session.”
Taft partner Peter French shares his thoughts on mediation in commercial disputes.
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 […]
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.
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.
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.
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.