Audio CD + Course Book

Indiana Mediation: Start-to-Finish

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77286CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Indiana Mediation: Start-to-Finish, held December 2017.

Program Description

Are you prepared to handle multiple claims and multiple parties in mediation? Are you up to speed on the new Indiana ADR Rules under consideration? Can you handle issues that arise regarding the confidential statement of the case and status report? Being adequately prepared for issues and challenges that commonly arise during mediation is a must for all Indiana mediators. In this mediation guide, you'll get proven strategies from seasoned mediators and attorney faculty for how to navigate through the mediation process - from laying the foundation of the case to negotiation tactics. Confidently handle challenging mediations - order today!

Course Content

  1. Preparation and Advisement of Participants - Do's and Don'ts
  2. Status of the Mediation
  3. Mediation Ethics
  4. Confidential Statement of Case
  5. Negotiation Styles (and Strategies)
  6. Handling Difficult Scenarios: Tips from Top Mediators

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  • Preparation and Advisement of Participants
    9: 00 - 10:00, Written and Presented by Anthony M. Stites in Fort Wayne, Jennifer E. Davis in Merrillville and Scott M. Kyrouac in Indianapolis.
    • Mediation Formats
    • Indiana Rule 408
    • Indiana Rules for ADR
    • Case Analysis/File Review
    • Insurance Coverage Examination
    • Creating the Mediation Agenda
    • Determining the Range of Value
    • Laying the Foundation; Identifying Parties
    • Mediator's Role vs. Attorney's Role
    • Mediator Advisement Do's and Don'ts
    • Panel Discussion and Q&A
  • Status of the Mediation
    10:15 - 11:15, Written and Presented by Christopher L. LaPan in Fort Wayne, Gregory K. Blanford in Merrillville and Andrea L. Ciobanu in Indianapolis.
    • Filing the Report Late
    • Lack of Consent of Pertinent Parties
    • What to Include/not Include
    • What to do if Settlement is Reached/not Reached
    • Domestic Relations Matters
    • Panel Discussion and Q&A
  • Mediation Ethics
    11:15 - 12:15, Written and Presented by Anthony M. Stites in Fort Wayne, Timothy F. Kelly in Merrillville and Scott M. Kyrouac in Indianapolis.
    • Privileged Communications
    • Sanctions
    • Confidentiality
  • Confidential Statement of Case
    1:15 - 2:15, Written and Presented by Daniel J. Sigler in Fort Wayne, Timothy F. Kelly in Merrillville and W. Brent Gill in Indianapolis.
    • What to Include/not Include
    • Liability and Damages Disputes
    • How did the Parties Reach the Current Position of the Case?
    • Reviewing the Position of the Case
    • Current Standing of Negotiations
    • Panel Discussion and Q&A
  • Negotiation Styles (and Strategies!)
    2:30 - 3:30, Written by John Panico and Daniel J. Sigler. Presented by Daniel J. Sigler in Fort Wayne, George S. Brasovan in Merrillville and John Panico in Indianapolis.
    • Making Things Easy and Finding Middle Ground
    • Recognizing Common Goals and Forming Relationships
    • Aggressive Negotiator, Evading Technique and "Walk Away" Strategy
    • The Collaborative Approach
    • Using Documentation and Evidence
    • Building a Record of Negotiations
    • Addressing the Weak Points
    • Timing Tips and Re-Starting Stalled Negotiations
    • Overcoming an Impasse
    • Negotiation Mistakes to Avoid
    • What to Do When the Negotiations Fail
    • Panel Discussion and Q&A
  • Handling Difficult Scenarios: Tips from Top Mediators
    3:30 - 4:30, Written by Jeffrey W. Clymer and Jerome O. Pitt. Presented by Kevin K. Fitzharris in Fort Wayne, Jeffrey W. Clymer in Merrillville and Jerome O. Pitt in Indianapolis.
    • Applying ADR Skills to Difficult Issues That Arise Outside of Litigation
    • Multiple Parties/Multiple Claims
    • Extensive Investigation
    • Difficult Clients
    • What if Participants Can't Attend?
    • When Should the Mediation be Terminated? Should Another Mediator be Appointed?
    • Roundtable Discussion and Q&A
December 7 - Fort Wayne

KEVIN K. FITZHARRIS is a partner with the Fort Wayne law firm of Barrett McNagny LLP, where he practices in the areas of alternative dispute resolution, commercial litigation, insurance defense, product liability, worker's compensation, media law and collections. He is a member of the Allen County Bar Association, the Defense Trial Counsel of Indiana, the American Bar Association, the Defense Research Institute, and the Christian Legal Society. Mr. Fitzharris earned his B.A. degree, with distinction, from Purdue University and his J.D. degree from the University of Notre Dame.

CHRISTOPHER L. LAPAN is an attorney with The Law Offices of Tracey L. Rosswurm, LLC, where he practices exclusively as a family lawyer and is a mediator. Mr. LaPan is formally trained in collaborative lawyering, and is a member of the Association of Family and Conciliation Courts. He regularly represents clients in custody and support matters, paternity actions, actions for contempt, protective orders, and parenting time disputes. Aside from family law litigation, Mr. LaPan has a significant mediation practice, and frequently serves as a guardian ad litem in private custody and guardianship matters. He received his J.D. degree from Michigan State University and is admitted to practice law in the Indiana Supreme Court and the United States District Courts, Northern and Southern districts of Indiana. He also holds a master's degree from Purdue University.

DANIEL J. SIGLER is the founder of Sigler Law LLC and has been primarily focusing on litigation and alternative dispute resolution for more than forty years. Mr. Sigler practices in the areas of arbitration, alternative dispute resolution, mediation, litigation, personal injury and wrongful death, business disputes, and governmental representation. He has been trained and practicing in the alternative dispute resolution arena for more than 17 years and is a registered civil mediator. In that time he has mediated approximately 3,500 cases. He is a member of the Indiana State and Allen County bar associations, an Indiana bar fellow, honored as a Best Lawyer and Super Lawyer and a member of the American College of Trial lawyers and the National Academy of Distinguished Neutrals. Mr. Sigler received his B.A. degree from Franklin College of Indiana and his J.D. degree from Valparaiso University.

ANTHONY M. STITES is a partner with Barrett & McNagny LLP. There he represents business entities in handling all facets of their employment matters, including contract negotiations, labor arbitrations, NLRB proceedings, discrimination charges and suits, and workers' compensation claims. Mr. Stites is a mediator for alternate dispute resolution. He earned his B.B.A. degree in finance from the University of Toledo and his J.D. degree from the University of Notre Dame Law School. His professional associations include the Allen County, Indiana State, and Ohio State bar associations; and the Indiana Bar Foundation.

December 8 - Merrillville

GREGORY K. BLANFORD Is an attorney and mediator with the Blanford Law Office. Mr. Blanford practices in the area of family law. He is a member of the St. Joseph County Bar Association and the Indiana State Bar Association. Mr. Blanford is a certified domestic relations mediator. He graduated from Purdue University and received his J.D. degree from Notre Dame Law School.

GEORGE S. BRASOVAN is a sole practitioner and has maintained his law practice in Northwest Indiana since 1988. Mr. Brasovan's practice includes a wide variety of cases, including personal injury, domestic relations, probate, business, real estate, and criminal law matters. He is a registered civil and family law mediator, and he is a member of the Indiana State and Lake County bar associations. Mr. Brasovan earned his B.A. degree from Indiana University and his J.D. degree from Valparaiso University School of Law.

JEFFREY W. CLYMER is owner of the Law Office of Jeffrey Clymer, in Valparaiso, Indiana. Mr. Clymer is a registered civil mediator. He practices in the areas of mediation, arbitration, personal injury and civil litigation. Mr. Clymer is an adjunct professor at Valparaiso University School of Law and a fellow of the Indiana Bar Foundation. He earned his B.A. degree from Kalamazoo College, and his J.D. degree, magna cum laude, from Valparaiso Law School. Mr. Clymer is a member of the Indiana State Bar Association; the State Bar of Michigan; and the American Inn of Court, Porter County Chapter. He is a former president of the Porter County Bar Association and a former delegate to the Indiana State Bar Association House of Delegates.

JENNIFER E. DAVIS is a partner with the law firm of Garan Lucow Miller P.C., where she practices in the areas of appellate practice, auto negligence, commercial trucking negligence, construction defect, construction negligence, contract disputes, general liability litigation, insurance bad faith, insurance coverage disputes, personal injury, premises liability, and products liability. Ms. Davis is also a registered civil mediator. She is a former law clerk of the Indiana Court of Appeals, Judge Paul D. Mathias; and of the Allen Superior Court, Judge Paul Mathias, Judge Nancy Boyer, and Judge Stanley Levine. Ms. Davis has also been a professor of paralegal studies at Ivy Tech State College, an adjunct professor at several other universities, and lecturer for multiple seminars for Indiana continuing legal education. She is admitted to practice in Indiana and before the U.S. District Court, Northern and Southern districts of Indiana. Ms. Davis is also a member of the Indiana State and Lake County bar associations. She earned her B.A. degree from Indiana University at Bloomington and her J.D. degree, with honors, from Valparaiso University School of Law. Ms. Davis is a certified mediator.

TIMOTHY F. KELLY is an attorney with Kelly Law Office, where he focuses his practice on personal injury, commercial, and contract litigation. Mr. Kelly is also a registered civil mediator. He has practiced in the state and federal courts in Indiana, Illinois, Michigan, Ohio, Louisiana, Texas, Arizona, and Tennessee. Mr. Kelly is a member of the American Association for Justice, Indiana Trial Lawyers Association, American Association of Motorcycle Injury Lawyers, ABATE, and the Harley Owners Group. He earned his J.D. degree from the University of Minnesota Law School.

December 13 - Indianapolis

ANDREA L. CIOBANU is the managing attorney at Ciobanu Law, P.C, where she represents clients throughout Indiana in civil litigation matters, including commercial and business, defamation, family and domestic relations, protective orders, and civil rights and ADA compliance. She is a trained registered civil, domestic, and elder mediator; guardian ad litem; and parenting coordinator. Ms. Ciobanu teaches introductory law classes and legal ethics courses for undergraduates at Indiana University-Purdue University Indianapolis. She received her B.A. and M.P.A. degrees both, summa cum laude, from Indiana University; and her J.D. degree from Indiana University Robert H. McKinney School of Law.

W. BRENT GILL is a trial lawyer and mediator at the Smith Law Services, in Seymour. He has tried approximately 150 jury trials. Mr. Gill‘s trial experience includes cases involving fire and gas explosions, construction site injuries, premises liability, insurance company bad faith, governmental liability and highway design, pharmaceutical, medical devices, toxic torts, products liability, trucking, motorcycle and automotive catastrophic personal injury, burn injury, brain and spinal cord injury and wrongful death, as well as professional malpractice and nursing homes. He is a graduate of the National Institute of Trial Advocacy and is board certified as a civil trial advocate of the National Board of Trial Advocacy. Mr. Gill‘s professional association memberships include the Indiana Trial Lawyers Association; the American Association for Justice; fellow of the Roscoe Pound Foundation; fellow of the Indiana College of Trial Lawyers; the Multi-Million Dollar Advocates Forum; the National Trial Lawyers; the National Native American Bar Association; and the American, Indiana State, Seventh Circuit, Jackson and Lawrence County bar associations. He earned his B.S. degree from Indiana University and his J.D. degree, cum laude, from Indiana University School of Law.

SCOTT M. KYROUAC is an attorney with the law firm of Wilkinson, Goeller, Modesitt, Wilkinson & Drummy LLP, where he practices in personal injury, product liability, insurance defense, medical malpractice defense, environmental law, asbestos defense, toxic torts, trucking, and transportation law. Mr. Kyrouac is a past president of the Defense Trial Counsel of Indiana and was the 2015 president of the American Board of Trial Advocates (Indiana). He is a member of the Indiana State Bar Association, Terre Haute Bar Association, Defense Trial Counsel of Indiana, American Defense Trial Attorneys, and the Defense Research Institute (Indiana state representative). Mr. Kyrouac earned his B.S. degree, with high honors, from the University of Illinois and his J.D. degree from Indiana University. He serves as both a registered civil and domestic mediator.

JOHN PANICO has over 30 years' experience working both as a labor and employment attorney. He has handled numerous claims before the U.S. Equal Employment Opportunity Commission; New York State Division on Human Rights; California Fair Employment and Housing Commission; Illinois Department of Human Rights; Utah Anti-Discrimination Division; Ohio Civil Rights Commission; National Labor Relations Board, U.S. Department of Labor; and employment cases in federal court and the U.S. Court of Appeals. He holds the position as a pro bono arbitrator with the New York State Employment Relations Board, and is an arbitrator and registered civil mediator with the American Arbitration Association. Mr. Panico received his J.D. degree from Irvine University.

JEROME O. PITT is an attorney with The Mediation Center, Inc., where he provides mediation, arbitration, design of workplace conflict management systems, and training. Mr. Pitt is a registered civil and domestic mediator. He has had extensive experience as an attorney and neutral in the following areas: banking, commercial, construction, employment, corporate, and securities. Mr. Pitt has presided over 1,300 cases as mediator or arbitrator. He serves as an executive career mentor for Butler University College of Business, where he also taught business law as an adjunct professor. Mr. Pitt has also served as an adjunct professor at Purdue University School of Engineering and Technology, teaching a masters level course in conflict management, and as a faculty member for Sullivan University's master of science in dispute resolution program. He is a member of the Indiana State Bar Association. Mr. Pitt earned his B.A. degree from John Hopkins University and his J.D. degree from Indiana University.

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