Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial. Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at mediation. For this reason, litigants and attorneys embrace it as the end ...
August 20, 2015Adam Hayes
About a decade ago, mediation began to take hold in Indiana. It was so successful, the Indiana Supreme Court allowed trial courts to order parties to mediate their divorce case before setting a final contested divorce hearing on a congested court docket. Most trial courts were receptive to it.1 Attorneys also grew to like the process over the former model of a trial, because the parties could reach an agreement of their own accord versus having a court take control and decide. If you face mediation in your case, there are several things you can do to make the most of ...
January 27, 2015CD
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
More and more courts and judges are favoring the idea of mediation for purposes of settling disputes. Commonly in family law matters, and personal injury litigation, judge’s order that the parties attend mediation, and attempt to reach a settlement, before the judge will set a final hearing. Mediation falls into the category of “Alternative Dispute Resolution,” which is exactly as the name says, an alternative, other than through the court system, to resolving a dispute between persons and/or business entities. Currently, our court system is overwhelmed with cases, and simply does not have the funds and resources to conduct full trials ...
February 28, 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