AUFDERHEIDE & ASSOCIATES

ATTORNEYS AT LAW

ZIONSVILLE INDIANA

Serving Boone, Marion, Hamilton, and Hendricks Counties

BUSINESS LAW, FAMILY LAW, MEDIATION

AUFDERHEIDE & ASSOCIATES LLC
1393 West Oak St
Zionsville, IN 46077
ph: (317) 663-3771
fax: (317) 873-6384
erik@aufderlaw.com

Trial Litigation:

In Indiana, as in other parts of the country, litigation is a very complex and difficult issue for people who have not had proper training and significant experience on such.

For those who are involved in a situation involving the civil litigation process in the State of Indiana, they need professional help from a lawyer trained and highly experienced in litigation with knowledge of the litigation process and that state's laws in particular, as well as civil litigation principles.

Law firms with lawyers specializing in civil litigation are aware of the following overviews:

* Primarily, that 'dispute' is the term given to any kind of trial before a court to recover a civil right, the acquisition of damages, an injunction for the acquisition or prevent an injury or injuries or the realization of a decision declaring the legal conflict prevention in the future.

* Civil litigation can be a pursuit that does not involve criminal charges.

* Daily, a large number of charges relating to civil disputes are brought before the Court. All these accusations are classified under the scope of the term civil litigation.

* In general, the main objective of civil litigation is to resolve disputes arising from questions about the privacy laws. The cases of civil litigation may arise between individuals, nonprofit organizations or commercial entities. Examples of civil litigation:

Evictions, judgment orders, breach of contract, modifications, personal injury, and many more.

It is expected of a civil litigation attorney in Indiana to be aware of the procedures to follow in such cases, according to the law and civil proceedings in that court.

Real Estate Attorney

A real estate attorney is undoubtedly a worthy investment for the buyer as well as for the seller. These attorneys are master in their field and help to carry out the entire transaction smoothly. He will look into minute important details of the deal.

From the sellers point of view these lawyers are very helpful as they perform multiple operations. They help you to make sale and rent agreement and may also negotiate the terms of sales on your behalf. He will also assist in making the deed and will meet any issues that may arrive thereafter. Looking after security deposits, insurance certificates and executing final deal also comes under the function performed by these attorneys.

These lawyers are equally important from the buyer’s point of view as they help them to move through the entire process of buying property. The attorney will look after all the deeds and papers which are required. He may also assist you in getting a loan from the bank, closing the deal and getting the registration.

Thus a real estate attorney is surely an important person who helps to move smoothly through the entire process of property transaction. He will solve all your existing problems and will prevent a new one from occurring.

Family Law

Family Law is the area of the law that deals with one of the most central and personal aspects of society--the family. If you are considering a career in family law, the significance of this area of law might be one thing that attracted you to the area. Family law deals with what are highly emotional issues objectively and legally. Despite the strength of emotion many family law cases, justice must still be served.

Marriage

Marriage is a time for celebration, and one of the more positive aspects of practicing family law. Couples may seek legal counsel prior to their marriage to discuss their assets as well as what would happen in the event of a divorce. If a married couple wants to negotiate some terms of an eventual divorce before marriage, this is a prenuptial agreement. If they discuss the way their assets will be handled in the event of a divorce after they are married, it is called a postnuptial agreement. Legally, these agreements protect both parties and prevent (potential) later negotiations. They can also give each member of the couple peace of mind, knowing that even if there were harsh feelings between the couple, each would still be treated fairly by the other. While getting a prenuptial agreement might come off as cryptic or negative, it can actually increase trust in the relationship and lessen fears of divorce.

Divorce

Divorce is the legal end of a marriage. Family lawyers have to deal with people when they are in one of the worst situations they have ever encountered. Emotions can run very high, and the reasons for divorce may be conflicting between the members of the couple. Part of family law is mediating the couple and helping them deal with their emotions so that a rational and just end to the marriage can be brought about.

Child Custody and Support

In the case of a divorce, or in the event of any abuse or mistreatment of the children, child custody may need to be negotiated. Family law is important to the lives of many children whose fates are decided by the legal system. Family law is also the area of law that makes sure child support is paid by the obliged parent. Child support may be paid by a parent that has shared custody of the child or by a parent that has no custody rights to the custodial parent. Child support and child custody can be included, but cannot be officially negotiated under the terms of a prenuptial or postnuptial agreement because the court has the ultimate decision in this matter. The court can take the document into consideration but is not legally required to follow the agreement as to child custody and support.

Child Advocacy

In some cases, family lawyers may have to represent children in court who have been abused or neglected by their parent or guardian. Some family lawyers may specialize in child advocacy. Such attorneys may work as public defenders, in human services agencies or public policy, for example. Family lawyers have the opportunity to use their knowledge of the law and child advocacy to publish research in the area of children's law and even influence the law.

Estates

In the case of a divorce or under the terms of a prenuptial or postnuptial agreement, the assets of the two people involved in the dispute or negotiation may be divided. Family lawyers must work with both people in a fair and just manner and divide the assets legally and justly.

Importance of a Mediation Attorney:

What Do Mediation Attorneys Do?

Mediation attorneys deal with mediation (one of the two most common methods of Alternative Dispute Resoluton (ADR), with Arbitration being the other). Mediation is one of the less formal alternatives to litigation that involves impartial third party or panel (normally one or more licensed mediation attorneys trained in negotiations) that intervenes to promote the resolution of the dispute or grievance. The mediation attorneys help parties involved to resolve their dispute outside of the federal and state judicial systems through mediation rather than litigating it in court.

Mediation attorneys are involved in a wide array of case-types ranging from family law issues to juvenile felonies to Federal government negotiations with Native American Indian tribes or other disputing parties. A federal mediator attorney has brought in to mediate the negotiation that took place between the Teamster Union and the Albertsons, Vons and Ralphs supermarkets to help resolve the 4-1/2 month old strike in California.

How does mediation work?

At the beginning of the formal mediation, the mediator, who is sometimes an attorney, explains his/her role, the confidential nature of the proceedings, any ground rules (e.g., no name calling), the benefits of mediation, and the procedural steps that will be followed (if any).
During the fact-gathering stage, the mediator will begin to define the issues, helping the parties to focus on the issues rather than their positions. At appropriate times the mediation attorney will reinforce points of agreement and conduct reality checks whenever necessary. The mediation attorney steers the parties away from past events and focuses them on what they want to see happen in the future.
Once a tentative agreement is reached in the mediation, the mediation attorney clarifies the terms of the agreement and makes sure all parties understand the terms of this mediation agreement. One way this can be accomplished is by having the parties restate the mediation agreement in their own words. Then the attorneys prepare the essence of the mediation agreement in writing, although the parties or their mediation attorneys may want to have the mediation agreement reviewed by another attorney before signing a formal agreement.

Is mediation voluntary?

Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is reached, studies show that mediated agreements are more likely to be complied with than decisions imposed by arbitrators or judges. This success may be because the parties take an active role in the decision-making process.

Do I need to hire a Mediation Attorney?

It depends on the nature of the dispute. Each side may want to have an attorney present to assure the best possible outcome. If you feel you need a mediation attorney for your mediation session, use the form on this page to find a qualified mediation attorney to best suit your needs.

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AUFDERHEIDE & ASSOCIATES LLC
1393 West Oak St
Zionsville, IN 46077
ph: (317) 663-3771
fax: (317) 873-6384
erik@aufderlaw.com