In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.
Two companies facing multiple lawsuits over a summer tourist boat accident in Missouri that killed 17 people have invoked an 1851 law that allows vessel owners to try to avoid or limit legal damages as they also seek settlement negotiations with victims’ family members. But Tia Coleman, an Indianapolis woman who survived the accident, and lawyers for others whose family members died denounced the filing as callous and insulting.
Lawyers and judges can now take twice as many hours of continued legal education through online programming per three-year period after the Indiana Supreme Court amended an existing rule to education requirements. Similarly, mediators will not be denied credit for digital programs under an amendment to continuing mediation education requirements.
When parties arrive for mediation and extend their hands in greeting, James Browne understands the cultural differences that can be conveyed in the handshake. Browne, partner at Goodin Abernathy LLP in Indianapolis, has been a registered mediator since 2010 and offers bilingual mediation services.
The IndyBar ADR Section Executive Committee is pleased to announce that we will host our Fall Mediation Day on October 5, 2018, at Barnes & Thornburg LLP. Through Mediation Day, we provide a service to our courts and community by volunteering our time to mediate several screened cases for litigants who qualify for modest means mediation.
The legal portion of the Larry Nassar scandal at USA Gymnastics may soon be over. USA Gymnastics President Kerry Perry said representatives for both the organization and athletes who were abused by Nassar — a former national team doctor who abused hundreds of women under the guise of medical treatment — met last week for mediation talks.
Preparation for mediation is critical. It is as critical as preparing for a trial. Eighty-five to 90 percent of all civil cases settle at mediation or shortly thereafter and well before a jury trial. Therefore, to approach mediation as something that simply will pass and you do all your preparation for trial is a mistake on behalf of your client.
The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.
In the 25 years since Ross Stoddard’s first program on mediation, he has conducted over 4,500 additional mediations. This highlights the growth of the mediation process in Indiana and in all other states.
A primary reason for an unsuccessful mediation is when an impasse occurs and parties are unwilling to compromise further to reach resolution. Lawyers representing clients in mediation should see it coming and try to avoid it if they really want to settle their case. Avoiding an impasse should not only be the duty of the mediator, but of participating counsel.
Two times a year, the Alternative Dispute Resolution section of the Indianapolis Bar Association organizes a Paternity Court Mediation Day where volunteer attorneys try to help fighting parents reach an agreement about the care of their children. The cases are selected by the court and deal with issues that arise after paternity has been established — custody, parenting time and child support.
The national movement to bring awareness to sexual harassment has stirred a conversation about how workplace harassment claims are resolved. Many victims’ rights advocates have spoken out against arbitration procedures mandated through employment contracts, saying the process is designed to silence victims and keep them out of court.
Whether you have a full day mediation scheduled or are taking a case to a Marion County Modest Means mediation with a three-hour limit, there are ways to make it more likely that your client’s case will settle.
Former Indiana Attorney General Greg Zoeller has been a lifelong advocate of mediation and alternative dispute resolutions, building his career around the notion that many disputes can be resolved short of trial. So when Zoeller left the attorney general’s office, it made sense for him to continue his advocacy for mediation and ADR work in the private sector.
As the mediation process has evolved, one of the most significant changes is the trend in many jurisdictions, and among many lawyers and mediators, to dispense with the initial joint session. Perhaps because most of today’s litigators did not have experience with the pre-mediation settlement process, some of the fundamental factors and dynamics that make the joint session important in the settlement process are not evident.
A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.
The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004.
Preparation is the key to success. As lawyers and advocates for our clients, this is not a foreign concept to any of us. However, when it comes to mediation, attorneys sometimes forget this key advice.
Coming to the negotiating table can be stressful, not only for the parties but also for the lawyers involved. Here are some tips based on my experiences for what both sides can do to have a successful mediation.
The rustling of papers and the sight of attorneys sifting through documents to find information has led Vanessa Lopez Aguilera to conclude attorneys increasingly are arriving unprepared for mediation.