Wednesday, December 2, 2009

Status of Madison County Court Ordered Mediation?

I mentioned in my Local Rule - Shelby County: ADR (Mediation) in Domestic Relations that the Madison County judges were considering mediation.  We now have this Local Rule:


  All bench trials expected to last a full day or more shall be referred to mediation unless for good cause shown.
What is not known is how mediation will be implemented - at this time it is by paying a private mediator their market rate.

Here is what I know as last week:
  1. There has been no decision.
  2. Judge Carroll has long favored mediation.
  3. I delivered to the Unified Courts' Court Administrator a month or two ago, the documents used by the Delaware County Circuit Courts.  (I wrote about the Delaware County program in Delaware County's Mediation Program - A good idea from Muncie).
  4. Judge Carroll was completely unaware of the Delaware County program or that the Court Administrator's office had the Delaware County documents.
It is my opinion that Judge Carroll prefers a mandatory mediation program.  How the other judges will go in this matter is completely unknown - I do not even think there is the benefit of scuttlebutt as for Judge Carroll.

The general public probably thinks our judges will consult with the Madison County Bar Association before implementing such a program.   In my experience, they will not.

Nor will the general public be consulted about a change in procedure that will increase the cost of any litigation in this county.

If you are a resident of Madison County or will be practicing in our courts, I suggest using the telephone numbers below to let your views be known.

Circuit Court

(765) 641-9436

Superior Court 1

(765) 641-9622

Judge Carroll

Superior Court 2

(765) 641-9627

Judge Pancol

Superior Court 3

(765) 641-9632

Judge Newman Jr

Superior Court 4

(765) 641-9490

Judge Happe

Superior Court 5

(765) 641-9497

Judge Clem

Court Administration

(765) 641-9503

James Hunter

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