Mediation

Mediation provides parties the opportunity - before or after a lawsuit is filed - to shape their own resolution and minimize the cost and uncertainty of trial. Indiana trial court judges will order most civil cases to mediation before trial and many contracts require the parties to mediate disputes before going to court.

The Indiana Supreme Court has promulgated Rules for Alternative Dispute Resolution, which include Mediation:

Rule 1.3

(A) Mediation. This is a process in which a neutral third person, called a mediator, acts to encourage and to assist in the resolution of a dispute between two (2) or more parties. This is an informal and nonadversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision-making authority rests with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, exploring settlement alternatives, and in other ways consistent with these activities.

Rule 2.1

Mediation under this section involves the confidential process by which a neutral, acting as a mediator, selected by the parties or appointed by the court, assists the litigants in reaching a mutually acceptable agreement. The role of the mediator is to assist in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention. Parties and their representatives are required to mediate in good faith, but are not compelled to reach an agreement.

Eric Koch is registered with the Indiana Supreme Court as Civil Mediators. He brings his expertise from decades of civil litigation experience to the mediation process.

Let Eric put his experience to work to help you resolve your case. Mediations can be scheduled promptly at our office or any other mutually agreeable location.