The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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…
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…
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…
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…
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…
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…
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 , 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.…
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…