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.
Alternative Dispute Resolution
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Disappearing act: Jury trials on the decline, but options available to reverse trend
It’s no secret jury trials are declining across America, even as they are increasing in other parts of the world. What’s less obvious, though, is why that decline is occurring and how alternate means of resolving cases are impacting perceptions of fairness.
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Web Exclusive: New pro bono mediation project resolves family law cases with less time, money
Two Indianapolis lawyers who had an idea to start a pro bono mediation service for family law cases were stunned by the reception from the local legal community, as more than 100 answered a call for volunteers. “It’s mind-blowing,” said one of the organizers of a program described as “blue jeans mediation.”
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Working it out online: Mediation goes digital amid COVID-19
Nearly every legal function has transitioned to a virtual format during the COVID-19 pandemic, and mediation is no exception. But the concept of online dispute resolution was gaining traction even before “coronavirus” was an everyday word.
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Articles
Agreement could free LOVE sculptor Robert Indiana’s estate from lawsuit
A New York-based copyright holder that sued the late Hoosier artist Robert Indiana a day before his death has reached a settlement with his estate and the foundation set up to transform the artist’s home into museum.
IndyBar: I’ve Got Your (Feed)Back: Giving and Getting Feedback in Mediation
Recently, I participated in a mediation. The case did not settle. Later that evening, I received an email from the mediator, giving me some feedback as to the what the mediator thought were the stumbling blocks in the case that day and some ideas as to what resolutions may still be salvageable. I rarely receive post-mediation emails from a mediator. But I really appreciated the feedback. It was challenging yet motivating.
Justices partially reverse arbitration in Carmel assisted living rape suit
Indiana Supreme Court justices reversed a determination that a guardian was required to arbitrate claims against a screening company arising from an employee’s sexual assault on a resident of a Carmel assisted living facility.
CJ Rush: Pandemic changed judiciary, but courts kept working
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
Settlement program offers alternative to eviction
As the uncertainty continues over how many struggling Hoosiers could be evicted in the coming months, the Indiana Supreme Court is trying through the new Landlord and Tenant Settlement Conference Program to prevent housing loss and all the bad ramifications that can ensue by inviting landlords and tenants to first have a conversation.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
Orlowski: Adjusting arbitration for the age of COVID-19
One alternative dispute resolution option to consider during the pandemic is expedited arbitration. Both the American Arbitration Association (AAA) and the International Institute for Conflict Prevention & Resolution (CPR) offer an “expedited” or “fast track” option for dispute resolution that truly accelerates the proceedings.
Reversal grants estate compelled arbitration in nursing home med-mal case
The Indiana Court of Appeals has reversed the denial of an estate’s motion to compel arbitration against a nursing facility after concluding that the Indiana Medical Malpractice Act does not apply in the case.
Settlement program aims to reduce eviction filings
The Indiana Supreme Court is launching a new mediation program to help stem the anticipated flood of evictions by facilitating settlement agreements between tenants facing eviction and landlords trying to collect rent.
Split COA reverses award of stock following divorce mediation
A woman who was awarded half of a $122,000 stock account held by her former husband after the couple entered into a mediated divorce settlement agreement that didn’t mention the account was stripped of that share of the stock account on appeal Wednesday. However, a dissenting judge would have affirmed the grant of money to the ex-wife.
Justices amend juror privacy, alternate dispute resolutions rules
The Indiana Supreme Court has issued orders amending rules of the court, some of which concern juror privacy and public access to juror questionnaires and discovery of certain insurance settlement information in mediations.
Bloomington leaders hope mediation uproots divisions
When the ugly weed of hate and division sprouted at the Bloomington farmers’ market last summer, it highlighted deeper conflicts in the college town and launched a community-wide mediation to address longstanding issues of discrimination and bigotry.
Building a new deal: Mediation, ADR gains popularity in construction disputes
Recent data suggests owners, architects, contractors and others involved in the construction process are gravitating toward alternative dispute resolution. Mediation, in particular, is emerging as a preferred – and in many cases, required – option.
COA affirms compelled arbitration in assisted living sex abuse dispute
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
Supreme Court invites comment on numerous rule changes
The Indiana Supreme Court is seeking comment from the bench, bar and public on several proposed amendments to various Indiana court rules.
Law Student Outlook: Thoughts on mediation, negotiation and other forms of ADR
Despite our continued interest in litigation, we are here to report that we certainly like what we have found in and are open to future possibilities in alternative dispute resolution. We have also come to recognize that just because our interests lean toward litigation does not mean that we will not encounter and utilize skills such as negotiating that maybe are not seen as being traditionally within a litigator’s area of expertise.
Reversal: Small claims courts cannot order mediation, ADR
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.
Taking a seat at the table: Women neutrals underrepresented in some fields
In the field of alternative dispute resolution, diversity appears to be making fewer gains than in the legal profession as a whole. A 2018 article in the ABA Journal reported that, generally, studies show women comprising around 20% of the national ADR field. Similarly, American Bar Association Resolution 105 calls dispute resolution “arguably the least diverse corner of the profession.”
French: Predicting mediator’s agenda key to success
Mediation results in a settlement more than 85% of the time. However, getting to “yes” is hard work — especially for the mediator. While we lawyers do a great job of advocating in mediation, we could do more to make the process more productive, and perhaps improve the likelihood of settlement, by focusing on developing the mediator’s agenda in advance of mediation.