Articles

Trial court erred in excluding evidence of mediation communications

Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.

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Mother’s actions support contempt finding

The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.

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Bankruptcy Court creating mediator panel

The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.

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Mediation could benefit familes with aging parents

When siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if only more people knew about and used this option.

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New program to study mediation in custody disputes

A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.

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AG wants trustee for casino revenue

Two days of court mediation are scheduled in mid-April for the long-running litigation concerning East Chicago casino revenue and economic development agreements, but the Indiana attorney general wants the city council to consider setting up a trusteeship for the millions of dollars generated through those agreements.

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Courts offer CHINS facilitations

Because mediations have become commonplace in family law cases, it may come as no surprise that a number of Indiana counties have been implementing a similar strategy to determine if a child is a child in need of services, or CHINS.

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Baker & Daniels hosts pro bono mediations

As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference
rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms
will consider if they have the available space.

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