Civil Mediation

A mediator is an impartial third party who assists people in resolving disputes. Mediation gives the participants an opportunity to discuss the issues privately, evaluate the risks and expense of continued litigation, explore possible solutions, and retain control over the final decision.

Andrew B. Jones and Michael P. Smyth are Indiana attorneys and registered civil mediators. They are available to mediate a broad range of non-domestic civil disputes before a lawsuit is filed or while a case is pending in court.

When serving as mediators, Andrew and Michael do not represent either participant, decide who is right, provide legal advice, or force anyone to accept a settlement. Their role is to remain neutral, help identify the issues, improve communication, explore possible solutions, and assist the participants in determining whether a voluntary agreement can be reached.

To learn whether civil mediation may be appropriate for your dispute, call Jones Law Office at (574) 239-7017 or complete the form to request a free civil mediation consultation.

What Is Civil Mediation?

Civil mediation is an informal, non-adversarial process in which a neutral mediator assists two or more participants in attempting to resolve a dispute. The mediator does not act as a judge or arbitrator and cannot impose a result. The authority to accept or reject any proposed agreement remains with the participants.

During mediation, the mediator may help the participants:

• Identify the legal, factual, financial, and practical issues in dispute
• Clarify misunderstandings and competing priorities
• Evaluate the risks, costs, and uncertainty of continued litigation
• Explore monetary and nonmonetary settlement options
• Narrow the issues that may require a court decision
• Reach a complete or partial agreement

The participants are expected to take part in good faith, but they are not required to reach an agreement. Even when a complete settlement is not possible, mediation may narrow the dispute or identify what information is needed for future negotiations.

Pre-Suit Civil Mediation

Parties do not always have to wait until a lawsuit has been filed to mediate. When everyone agrees to participate, pre-suit mediation may provide an opportunity to exchange necessary information, evaluate the dispute, and explore resolution before litigation expenses increase or positions become more entrenched.

Pre-suit mediation does not automatically extend statutes of limitation, contractual deadlines, governmental notice requirements, or other applicable time limits. Participants should obtain independent legal advice when they need guidance concerning their rights, obligations, or deadlines.

Mediation During a Lawsuit or During an Appeal

Mediation may also take place after a civil lawsuit has been filed, or during an appeal. The parties may mediate voluntarily, as required by an agreement, or pursuant to a court order. Mediation can occur during discovery, before or after depositions, before a significant motion, as trial approaches, or when earlier negotiations have stalled, as well as after a verdict has been appealed.

Even when mediation is ordered, the mediator does not decide the case and the parties are not required to settle. The final decision remains with the parties.

Why Consider Civil Mediation?

A lawsuit places the final decision in the hands of a judge or jury. Mediation allows the participants to evaluate the dispute and consider solutions on terms they help shape.

Control over the outcome. The participants decide whether to settle and what terms they will accept. The mediator cannot impose a resolution.

Privacy and confidentiality. Mediation sessions conducted under Indiana's Alternative Dispute Resolution Rules are generally confidential and closed to the public, subject to the limits of those rules and other applicable law.

Flexible solutions. A negotiated agreement may address payment terms, timing, confidentiality, property transfers, corrective action, future business arrangements, or other practical concerns that a court judgment may not resolve.

Potential savings of time and expense. Mediation may create an opportunity to resolve or narrow a dispute before the participants incur the full cost of discovery, depositions, experts, motions, and trial.

Preservation of important relationships. Mediation can be especially useful when the participants may need to continue working or doing business together after the dispute.

Civil Disputes Available for Mediation

Andrew and Michael are available to mediate non-domestic civil disputes, subject to conflicts, scheduling, and the suitability of the matter. These may include:

• Business and commercial disputes
• Breach-of-contract claims
• Shareholder, member, and partnership disputes
• Personal injury and wrongful death claims
• Appeals
• Insurance-related disputes
• Employment disputes
• Noncompetition, nonsolicitation, confidentiality, trade-secret, and business-tort claims
• Real estate, property, and construction disputes
• Professional-negligence claims
• Collection and payment disputes
• Probate, trust, and estate disputes
• Municipal, governmental, and other civil litigation

This civil mediation service does not include divorce, custody, parenting time, child support, paternity, or other domestic-relations disputes.

How the Civil Mediation Process Works

1. Consultation request and conflict review. An attorney, party, insurer, claims professional, business, or governmental entity submits the civil mediation consultation form with the names of the parties, attorneys, insurers, and other principal participants. The form should include only a brief, neutral description of the dispute and no confidential or sensitive materials.

2. Initial consultation. Jones Law Office may contact the requester to explain the mediation process, discuss whether the matter appears suitable for mediation, and complete the conflict review. The consultation is not a mediation session and does not create an attorney-client or mediator relationship.

3. Mediator agreement and scheduling. If conflicts are cleared and the necessary participants agree to Andrew or Michael’s appointment, Jones Law Office will confirm the mediation date, session length, format, fees, attendance requirements, and submission deadlines.

4. Preparation. Each side may submit a confidential mediation statement and supporting materials after the mediation session has been confirmed and submission instructions have been provided.

5. Mediation session. Andrew or Michael explains his neutral role and may use joint meetings, private conferences, or both. The participants retain the authority to accept or reject any proposed resolution.

6. Agreement or continued litigation. The participants may reach a complete or partial settlement. If no agreement is reached, they may continue negotiating or litigating the matter.

What Andrew and Michael Do as Mediators

Effective mediation requires more than carrying offers from one room to another. The mediator must understand the dispute, recognize the issues preventing settlement, communicate candidly without taking sides, and help the participants evaluate both legal and practical risks.

Depending on the matter, Andrew or Michael may:

• Review the participants' confidential statements and key supporting materials
• Identify the central factual, legal, financial, and practical issues
• Use joint and private discussions to reduce misunderstandings and clarify priorities
• Ask candid questions about evidence, damages, litigation risk, and settlement positions
• Help the participants explore monetary and nonmonetary solutions
• Work with attorneys, insurers, claims representatives, businesses, and other decision-makers
• Assist the participants in identifying and documenting complete or partial settlement terms

Civil Litigation, Trial, and Business Experience

Andrew brings the perspective of an active trial attorney to the mediation process. His practice includes personal injury and wrongful death litigation, business counseling, civil litigation, criminal defense, and municipal representation. He has served as lead counsel in civil and criminal trials and has taught courtroom advocacy and trial evidence.

Andrew also holds a Master of Business Administration from the University of Notre Dame. His combination of trial, litigation, business, and governmental experience can be especially useful in disputes involving complex evidence, significant damages, insurance coverage, multiple parties, business relationships, reputational concerns, or the need for a practical resolution.

Michael, as a seasoned trial attorney, brings much of the same experience as Andrew to the mediation process—but Michael’s practice as an appellate attorney, and his service as a law clerk to two different judges on the Indiana Court of Appeals, provides him with unique insight helpful to resolving cases currently on appeal.

Request a Free Civil Mediation Consultation

Andrew B. Jones and Michael P. Smyth are available to serve as neutral mediators in civil disputes, subject to conflicts, availability, and the suitability of the matter. Attorneys, parties, insurers, claims professionals, businesses, and governmental entities may complete the form to request a free civil mediation consultation. The consultation provides an opportunity to give Jones Law Office a general description of the dispute, learn more about the mediation process, and discuss possible next steps.

Do not submit confidential mediation statements, medical records, financial documents, privileged communications, settlement offers, detailed allegations, or other sensitive materials through the initial form.

Submitting the form does not create an attorney-client relationship or mediator relationship. A mediation may proceed only after potential conflicts are reviewed, Andrew or Michael must first accept the appointment, the necessary participants agree to mediation, and the scheduling and fee terms are accepted.

Call Jones Law Office at (574) 239-7017 or complete the form to request a free civil mediation consultation.