Mediation: An Alternative Way to Settle Your Case

A common process in many civil matters in Indiana is mediation. State or local rules of court often dictate that these cases will need to be mediated. The vast majority of cases are resolved in one manner or another without ever proceeding to trial. Mediation is one of the most commons tools that is used to reach such resolution. If you have never been through or observed a mediation, however, the process may seem a bit overwhelming.

Mediation begins with the selection of a mediator, who serves as an independent, neutral arbiter. Mediators in the State of Indiana are experienced lawyers and sometimes former Judges who are certified and have to meet continuing education requirements. Their job is to facilitate a meeting between the opposing parties where the parties agree to negotiate and attempt to resolve their disputes in good faith. Historically, this has involved a physical meeting between the parties, in which the parties may meet initially and then separate, with the mediator working among the parties to communicate offers and demands. This also may include a recommendation from the mediator as to a monetary figure or other agreement to resolve the dispute that the parties may then consider. In the current environment of Covid-19, many mediations are being conducted via telephone or web conferencing.

The process may last part of a day, a full day, or multiple days, depending upon the complexity of the case. Patience and a willingness to listen are important qualities to bring to a mediation. Not all cases settle, of course, but some that are not resolved at mediation may subsequently settle short of trial.

The attorneys of McNeelyLaw LLP can help guide you through the mediation process and beyond. In addition, McNeelyLaw LLP has a number of attorneys who are certified mediators and are available to assist you with your mediation. Call us at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.