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.
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Online provider FairShake helps consumers maneuver arbitration process
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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.
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.
In August of 2021, LaToya Highsaw received a scholarship from the IndyBar Alternative Dispute Resolution Section to attend a four-day mediation training.
Mediation is often underutilized in elder law disputes mainly because attorneys aren’t familiar with its use in this area of law. In my experience, it can be a useful and efficient tool. Toward that end, my firm, Applegate & Dillman Elder Law, has opened an 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.
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.
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?
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.
Applegate & Dillman Elder Law, a central Indiana-based elder law firm with locations in Indianapolis, Zionsville and Carmel, launched the Applegate & Dillman Elder Law Mediation Center on Wednesday.
Because trial attorneys will spend more time in mediations than jury trials, attorneys’ advocacy skills at mediation are a very important element to achieving successful results for their clients. Another important component, however, relates to the comprehensive evaluation of the case’s economic damages leading up to mediation.
Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
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.
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.
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.
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.
Talking and connecting is important in any legal setting, but for the clinics at law schools around Indiana, in-person interaction not only helps the students learn valuable skills, it also may provide low-income individuals the only means to get legal help.
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
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.
Longtime Indiana casino executive Rod Ratcliff has been permanently banned from the state’s gambling industry. Ratcliff, who previously served as chairman and CEO of Centaur Gaming and as CEO and chairman of Spectacle Entertainment, has been entangled in a battle with the Indiana Gaming Commission for months, as the state agency has been investigating Ratcliff and his companies.