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.
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.Read More
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.Read More
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.
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.
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.
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.
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.
Fewer than one in 100 civil matters are decided by juries and less than 4% of criminal cases are, a new study from the American Bar Foundation reports, even as lawyers and judges agree that jury trials tend to be fairer than many alternatives.
An arbitration panel has denied J.P. Morgan Securities LLC’s request to collect more than $1.5 million in damages and fees from three former Carmel employees who left the firm to join Raymond James & Associates in 2018.
Peter Prostyakov, a native of Moscow who’s now a U.S. Citizen living in Carmel, details what he concedes is his convoluted journey into the federal judicial system, where he believes courts act unfairly toward him and other self-represented litigants.
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.
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.
Indiana Supreme Court justices will consider argument in an ordinance dispute between a southern Indiana property owner and the city of Bloomington over a former Indiana University fraternity house when it resumes virtual oral arguments this month.
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.
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.
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
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.
The Indiana Court of Appeals on Thursday affirmed a more than $3 million award to stockholders of a technology company in a purchase agreement dispute.
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.
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.”
The long-serving general counsel of OneAmerica Financial has left the Indianapolis company and has transitioned to an of counsel role at a Chicago law firm. Thomas M. Zurek retired from OneAmerica on April 1 and is now serving as of counsel in the Chicago office of Schiff Hardin LLP.