Several years ago, the Indiana Supreme Court decided an Indiana trial court judge could order a case to mediation before giving a trial court date without any such rule violating the right to open access to courts. This is because in the right case, an Indiana trial court judge could and can hear a case and waive any court-specific rule or local rule for the county to participate in mediation before a hearing. With this case, mediation was firmly established in Indiana. Most mediations resolve any given case based on statistics before trial. This blog explores what can be accomplished in ...
December 6, 2016Adam Hayes
Mediation is the rule or expectation before any civil trial. In fact, the Indiana Supreme Court has ruled trial courts can order mediation prior to a trial, such a permissible pre-requisite trial. This is not an unconstitutional denial of access to courts because trial courts can always hear things on an emergency and waive this requirement that is a local rule in most counties. Statistically, most mediations resolve even complex civil cases, including highly contested divorce cases. To make the most of any mediation, there are several keys points to remember and embrace before and mostly during mediation. These are explored ...
April 21, 2016Adam Hayes
The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process. However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in four ways. First, a party learns about the case and how it is viewed by the other side in weaknesses (and inferentially in strengths) through the process. This may provide insights to later settle or resolve some issues before court. Second, where ...
February 23, 2016Adam Hayes
Many legal cases, including domestic cases, come to a settlement/agreement between the parties prior to a final hearing. One way to reach a settlement is through mediation, where a neutral third party facilitates negotiation and agreement between the parties1. To help encourage the best setting for mediation to hopefully get a case settled and an agreement reached, it is best to be prepared. The following list includes three (3) key items to assist with working toward a successful mediation. Background information: Mediation is a settlement negotiation. It is helpful for the mediator to have some background of the case to understand how the ...
January 15, 2015CD
In many civil cases, mediation is a potential option prior to a final hearing or trial to allow the parties to negotiate with the assistance of a mediator. A mediator is a neutral third party who acts as a go between for the parties and work with both sides towards a settlement. However, a complete settlement is not the only outcome of mediation. Even if mediation fails to settle every issue before trial, there can be diverse outcomes of mediation that can assist the parties and help narrow issues for trial. Mediation, even when it fails to settle each issue completely, ...
April 1, 2014CD
A recent blog addressed tips for mediation. But, how does mediation work1? Prior to trial, the parties in a matter may be ordered or agree to mediate the issues (this can be some or all issues) pending. A mediator can be agreed upon by the parties or may be appointed by the Court. Often, the timing for mediation is after discovery (information gathering) has been significantly begun or completed. Different mediators have different styles and tactics. Some have the parties in a single room together. Others keep the parties in separate rooms and go back and forth. During mediation, the parties ...
October 8, 2013CD
In family law or other civil matters, settlement before trial is often an option. Mediation is one means of achieving settlement before a matter goes to Court. Generally, in mediation, the parties and their attorneys meet with a neutral third party mediator who has general information as to the background of the case and acts as a go-between to negotiate between the parties to reach a settlement. If mediation is successful and the parties reach an agreement on all pending matters, the agreement may be ordered by the Court without the need for a hearing. Below, find three (3) tips for ...
August 27, 2013CD
What They Mean To You, Your Case, and What May Happen Perhaps everyone who has watched a courtroom drama or live court TV has heard objections during the testimony of a witness. At Ciyou & Dixon, P.C., we believe understanding common objections made during trials (or depositions) will make you a more informed legal consumer and maximize the quality of your trial testimony. A good place to begin understanding evidence is with drawing a mental distinction between trial testimony and documentary evidence. Testimony is spoken words. For example, an attorney may ask, “Ma’am, please state your name” or “Is your name Sally ...
December 15, 2011CD
Over the last several years, civil mediation has ‘caught on’ and has become the way almost all state-court legal disputes that would have been decided by a jury are now settled. A large number of cases that would ordinarily be decided by an Indiana trial court judge are also resolved in mediation under the watchful guidance of judges in the case and the attorneys that practice before them. At a basic level, Ciyou & Dixon, P.C. attorneys observe most litigants have a general idea of what mediation is all about and desire it–a chance to resolve the case sooner with a better ...
October 4, 2011CD