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.”
Mediation
Articles
French: Managing blocks to successful commercial dispute resolution
Taft partner Peter French shares his thoughts on mediation in commercial disputes.
Dillman: Using elder law mediation to address aging issues
With the help of elder law mediation, the families can each consensus on aging issues without an expensive courtroom battle.
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.
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.
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.
Applegate: Mediation underutilized in elder law disputes
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.
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.
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.
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.
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.
Applegate & Dillman open Elder Law Mediation Center
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.
Cunningham: Best practices for utilizing an expert at mediation
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 erroneous admission of mediation evidence, high court affirms stock award for ex-wife
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.
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.