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Monday, April 01, 2013

Ind. Decisions -Supreme Court issues Order for Mediation in Lake County Superior Court dispute [Updated]

In the dispute regarding the filling of the Lake County Juvenile Court seat vacated by Judge Bonaventura, State ex rel. Commons, et al. v. Pera, the Supreme Court has today issued an Order for Mediation. Some quotes:

This Court concludes that it is in the best interests of the parties to earnestly engage in mediation to seek a mutually agreeable resolution of their dispute, while this original action is pending. Accordingly, the Court DIRECTS as follows:

1. On its own motion pursuant to Indiana Appellate Rule 20, and as part of its inherent authority to manage the proceedings before it, this Court refers this action to mediation.

2. This Court hereby appoints the Hon. Frank Sullivan, Ir. (Ret.), to serve as mediator.

3. The mediator may invite the Indiana Attorney General or his designee to be present at mediation, pursuant to Indiana Alternative Dispute Resolution Rule 2.7(A)(1).

4. This Court expects the mediation process to begin promptly and to proceed with all due deliberate focus. To this end, the parties are afforded until May 13, 2013, within which to seek a mediated resolution of this dispute. The mediator is requested to submit a mediation report, in the form set out in A.D.R. Rule 2.7(E)(l), within ten (10) days after completion of the mediation process, but no later than May 23, 2013. If an agreement is reached, the parties shall file the agreement in the manner set out in A.D.R. 2.7(E)(2) with this Court within ten (10) days after completion of the mediation process, but no later than May 23,2013. This Court will then take the matter under advisement and issue any further order(s) as appropriate.

5. This Court retains jurisdiction over this original action during mediation but holds in abeyance its consideration of this original action, pending completion of mediation. However, the deadline for filing a brief opposing the writ, on or before noon, Indianapolis time, on Monday, April 8, 2013, remains in effect.

For background, see the March 21st ILB post headed "Supreme Court acts quickly in Lake County juvenile court dispute."

[Updated at 3:45 PM] Here is Marisa Kwiatkowski's new story about the mediation order in the NWI Times.

Posted by Marcia Oddi on April 1, 2013 02:57 PM
Posted to Ind. Sup.Ct. Decisions