ARTICLES/PUBLICATIONS

Periodicals:

“Van Winkle: ‘The world of mass arbitrations and Newton’s Third Law’ [The Indiana Lawyer, June 19, 2024] John R. Van Winkle: The world of mass arbitrations and Newton’s Third Law – The Indiana Lawyer

“Van Winkle: ‘Recent mediation article discuss ‘first offers’ [The Indiana Lawyer, February 28, 2024] Van Winkle: Recent mediation articles discuss ‘first offers’ – The Indiana Lawyer

“Van Winkle: ‘Indiana Pound Conference’: Reimagining mediation [The Indiana Lawyer, October 25, 2023] Van Winkle: ‘Indiana Pound Conference’: Reimagining mediation – The Indiana Lawyer

“Van Winkle: Mediation process issues to watch” [The Indiana Lawyer, August 30, 2023] https://www.theindianalawyer.com/articles/van-winkle-mediation-process-issues-to-watch

“Van Winkle: Mediation: Sidetracked, and how to get back on track” [The Indiana Lawyer, April 26, 2023] https://www.theindianalawyer.com/authors/john-r-van-winkle

“Van Winkle: An unintended consequence of Zoom mediations” [The Indiana Lawyer, February 15, 2023] https://www.theindianalawyer.com/articles/van-winkle-an-unintended-consequence-of-zoom-mediations

“Mediation: When does it start and where does it end?”  [The Indiana Lawyer, November 9, 2022]
https://www.theindianalawyer.com/articles/van-winkle-mediation-when-does-it-start-and-where-does-it-end

“Confidentiality: Elegance of the Uniform Mediation Act” [The Indiana Lawyer, July 20, 2022]
https://www.theindianalawyer.com/articles/van-winkle-confidentiality-elegance-of-the-uniform-mediation-act

“Mediation advocacy in the age of ‘meet and greet’ sessions” [The Indiana Lawyer, April 13, 2022]
https://www.theindianalawyer.com/articles/van-winkle-mediation-advocacy-in-the-age-of-meet-and-greet-sessions

“The mediation process: 30 years later”[ Indiana Lawyer, January 5, 2022]
https://www.theindianalawyer.com/articles/van-winkle-the-mediation-process-30-years-later#.YdW-f3DCIfA.mailto

“Why Did Trials ‘Vanish,’ and What is the Lesson for Mediation? [The Indiana Lawyer, December 12, 2018] https://www.theindianalawyer.com/articles/48902-neutral-corner-why-did-trials-vanish-and-what-is-the-lesson-for-mediation

“‘Factfulness’ Underscores the Importance of Robust Mediation” [The Indiana Lawyer, September 19, 2018] https://www.theindianalawyer.com/articles/48162-factfulness-underscores-importance-of-robust-mediation#.W6j-mf3bcd8.email

“Mediation Twenty-Five Years Later:  What’s Coming in the Next Twenty-Five?” [The Indiana Lawyer, May 2, 2018]https://www.theindianalawyer.com/articles/46890-mediation-25-years-later-whats-coming-in-the-next-25

“What they said about mediation in 2017” [The Indiana Lawyer, December, 2017]
https://www.theindianalawyer.com/articles/45724-neutral-corner-what-they-said-about-mediation-in-2017

“Joint sessions in mediation facilitate settlement” [The Indiana Lawyer, October, 2017]
https://www.theindianalawyer.com/articles/44989-van-winkle-joint-sessions-in-mediation-facilitate-settlement

“Trials may be vanishing but not the need for mediation” [The Indiana Lawyer, May, 2017]
https://www.theindianalawyer.com/articles/43592-trials-may-be-vanishing-but-not-the-need-for-mediation

“Experts advise to ‘think slow’ when handling mediations” [The Indiana Lawyer, February, 2017]
http://www.theindianalawyer.com/experts-advise-to-think-slow-when-handling-mediations/PARAMS/article/42864

“Lessons from golf for mediation” [The Indiana Lawyer, December, 2016]
http://www.theindianalawyer.com/neutral-corner-lessons-from-golf-for-mediation/PARAMS/article/42267

“Indiana’s ADR Rules adopted over 25 years ago” [The Indiana Lawyer, October, 2016] http://www.theindianalawyer.com/neutral-corner-indianas-adr-rules-adopted-25-years-ago/PARAMS/article/41626

“Admission of Mediation Communications in Legal Malpractice Actions” [The Indiana Lawyer, September, 2016]  http://www.theindianalawyer.com/neutral-corner-mediation-communications-in-legal-malpractice-actions/PARAMS/article/38406

“Admission of Mediation Communications in Bad Faith Disputes” [The Indiana Lawyer, April, 2016] http://www.theindianalawyer.com/neutral-corner-admitting-mediation-communications-in-bad-faith-actions/PARAMS/article/37085

“Use of Mediator’s Proposals as a Last Resort” [The Indiana Lawyer, February, 2016]  http://www.theindianalawyer.com/neutral-corner-use-of-mediators-proposal-should-be-a-last-resort/PARAMS/article/36334

“Should Indiana Adopt Uniform Mediation Act?”  [The Indiana Lawyer, Oct. 2011]

Pre-Mediation Communications:  When Does Confidentiality Attach? [The Indiana Lawyer, September 2011]

Recent Case Law on Mediation[The Indiana Lawyer, 5/18/05]

The Solution to Ensuring Good Faith in Mediation [The Indiana Lawyer, 11/17/04]

ADR’s Impact on the “Vanishing Trial” [The Indiana Lawyer, 8/25/2004]

When Is ADR Considered the Practice of Law [The Indiana Lawyer, 9/10/03]

When Do Indiana ADR Rules Apply to Mediation [The Indiana Lawyer, [5/21/03]

UMA Would Strengthen, Guard Mediation Process [The Indiana Lawyer, 3/12/03]

NCCUSL to Promote Uniform Mediation Act [The Indiana Lawyer, 4/24/02]

Proposed Model Rule of Professional Conduct for the Lawyer

As Neutral [The Indiana Lawyer, 11/10/99]

Year 2000 Disputes: Will Mediation Emerge As the Solution of Choice? [The Indiana Lawyer, 4/28/99]

What Trial Lawyers Need to Consider in Selecting a Mediator [Chicago Daily Law Bulletin, ADR Supplement, 9/28/98]

Mock Trial Mediation: When Parties Become Jurors [The Indiana Lawyer, 7/8/98]

As Mediation Matures, What’s the Goal; What’s the Role of the Advocate? [The Indiana Lawyer, 10/29/97]

Arbitration Today: The Jury’s Still Out  [The Indiana Lawyer, 5/15/96]

Mediation Requires Facilitative Advocacy Methods [The National Law Journal, 8/8/94]

ADR and Mediation: A Primer for Business Men and Women [Indianapolis Business Journal, 1993]

Investigation and Discovery, Evaluation and Persuasion are Important in Preparing for Mediation as well as Trial [The Indiana Lawyer, 11/17/93]

The Lawyer’s Role in Indiana’s New Mediation Process [Res Gestae, Volume 24, No. 5, November, 1992]

American Bar Association ADR Policy Founded on Local Action [The Indiana Lawyer, 1/29/92]

Florida ADR a Good Indication of What to Expect in Indiana [The Indiana Lawyer, 12/18/91]

Alternatives are Sought for Expensive Lawsuits [Topics Magazine, 2/27/91]

ADR Could Facilitate Meaningful Resolutions for Civil Disputes [The Indiana Lawyer, 1/29/91]

Controlling Litigation Costs in the Small Business [Small Business Survival Guide, 5/90]

Litigation “Check-Up” [Indiana Business Magazine, 10/89]

Business Litigation — A Runaway Train? [Commercial Litigation Review, 10/89]

Securities Buying:  Local Experts Say Recent U.S. Supreme Court Ruling Means Pre-Dispute Arbitration is Here to Stay [The Indianapolis Commercial, 6/5/89]

When a Marriage of Shareholders Breaks Up [Indianapolis Business Journal, 2/89]

Alternatives to Litigation [Indiana Business Magazine, 11/88]

Merger Mania Terms Don’t Have to be a Mystery  [Indianapolis Business Journal, 10/17/88]

New Alternative Methods of Dispute Resolution Help Avoid Corporate Deadlock [Indianapolis Business Journal, 4/18/88]

Indiana’s New Corporation Law Could Permit Abuse by Majority Shareholders [Indianapolis Business Journal, 2/29/88]

Courts Decide Employment Rights of Minority Shareholders [Indianapolis Business Journal, 11/23/87]

Books:

How ADR Works, (Contributing Author), American Bar Association Publishing, 2002

Mediation: A Path Back for the Lost Lawyer, American Bar Association Publishing, 2001 (2nd Edition, 2003)

Rules on Alternative Dispute Resolution Annotated, West Publishing Company

Law Journal Articles:

An Analysis of the Arbitration Rule of the Indiana Rules of Alternative Dispute Resolution, Indiana Law Review, Volume 27, 1994

Origin, Development, and Current Status of Fiduciary Duties in Close Corporations: Has Indiana Adopted a Strict Good Faith Standard?, Indiana Law Review, Volume 26, No. 4 1993

Mediation:  An Analysis of Indiana’s Court-Annexed Mediation Rule, Indiana University Law Review, Volume 25, No. 4 1992

Brinkman v. City of Indianapolis:  The Passing of Municipal Immunity, 2 Indiana Legal Forum 187 (1968-1969)

Measure of Damages Resulting from Breach of Distributorship Agreements, 2 Indiana Legal Forum 316 (1968-1969)

SEMINARS

Mediation 2023 – What You Must Know: Negotiation Techniques: Bracketing & Reframing and other Tools – [NBI (National Business Institute), Indiana State Live Online Webinar, June 2023] Presenter

Mediation in Indiana: Keys to Effective Settlement Negotiations – Mediation from the Mediator’s Point of View. [NBI (National Business Institute), Indiana State Live Online Webinar, December 2022] Presenter

Mediation in Indiana: Keys to Effective Settlement Negotiations – Settlement Negotiation Strategies (and Mistakes). [NBI (National Business Institute), Indiana State Live Online Webinar, November 2021] Presenter

Deconstructing Arbitration [Indianapolis Bar Association Training, Indianapolis, IN, January 2019] Presenter

Dealing with Impasse [Advanced Attorney-Mediator Training, Association of Attorney Mediators, Indianapolis, IN, April 2018] panelist

Looking Back and Moving Forward [Advanced Mediator Training, Association of Attorney Mediators, Nashville, TN,  April 2016]

Mock Mediation [Class Action Training Institute, Impact Fund 2015, Chicago, IL, October 2015] Presenter

Mediation of Complex and Commercial Disputes [Kentucky Justice Association Annual Conference, September 2015] Speaker

Mediation of Complex Issues [ICLEF, Indianapolis, March 31, 2015] Presenter

Ethics and Professionalism in Transactional Practice  [December 10, 2013] Panelist

Mediating the Business Dispute [ICLEF, Indianapolis, November 15, 2012] Panelist

2012 Litigation Skills Series:  Alternative Dispute Resolution [ICLEF, Indianapolis, October 10, 2012] Presenter

Mediating the Businsess Litigation Case [ICLEF, Indianapolis, June 13, 2012] Speaker

The Indiana Electronic Trial Notebook — Settlement [ICLEF Webinar, May 11, 2012] Panelist

Arbitration: Current Issues [ICLEF Webinar, October, 2011]

Mediation Advocacy [ICLEF, Indianapolis, August, 2011] Panelist

Liens and Settlements in Plaintiff’s Personal Injury Practice [National Business Institute, Indianapolis, IN, August, 2007] Speaker

Advanced Mediation Training [University of Cincinnati School of Law, Cincinnati, OH, March, 2006]

Real Evidence for the Trial Practitioner in Indiana [Lorman Education Services, Indianapolis, IN, February, 2005] Speaker

Mediation Practice Tips [ICLEF, Indianapolis, IN, December, 2004] Speaker

Making the Most of an Opening Session [Dispute Resolution Colloquium, Indiana University School of Law, Indianapolis, IN, October, 2004] Speaker

Mediation is No Mystery [Ontario Bar Association, Toronto, Canada, October, 2004] Keynote Speaker

38^th Annual Legal Institute [Indiana Trial Lawyers Association, Indianapolis, IN, November, 2002] Speaker

Mediating a Catastrophic Injury Case [Indiana Continuing Legal Education Forum, Indianapolis, IN, November, 2002] Speaker

Open Forum –Winning Through Negotiation and Mediation [International Association of Defense Counsel, Whistler, British Columbia, July, 2002] Speaker

Difficult Issues in Mediation & ADR [Indiana Bench & Bar Conference, French Lick, IN, June 2002] Speaker

Mediating Employment Disputes [American Bar Association Section of Labor & Employment, Charlotte, NC, September, 2001] Speaker

Hot Topics in ADR [American Bar Association Annual Meeting, Chicago, IL, August, 2001] Speaker

Documenting Your Mediation [ABA Mid-Year Meeting, Washington, D.C., April, 2001] Speaker

Mediation [Indiana Continuing Legal Education Forum, Indianapolis, IN, March, 2001] Speaker

Mediation of Nursing Home Claims [Lorman Business Services, Indianapolis, IN, October, 2000] Speaker

Mediator’s Perspective on Wrongful Death [Indianapolis Bar Association, Indianapolis, IN, October, 2000] Speaker

Mediation from the Perspective of the Advocate and Hot Topics [Federal Bar Association Annual Convention, Cleveland, OH, September, 2000] Speaker

Alternative Dispute Resolution [Monroe County Bench Bar Conference, Bloomington, IN, April, 2000] Speaker

60 Things You Need to Know About Taking Your Case to Civil Mediation [ICLEF – Evansville Bar Association, Evansville, IN, November, 1999] Speaker

How to More Effectively Represent Your Clients in Mediation [CLE, Mecklenburg County Bar Association, Charlotte, NC, October, 1999] Trainer

Mediation of Complex Litigation [ICLEF, Indianapolis, IN, September, 1999] Speaker

Indiana Supreme Court’s 1999 ADR Workshop [ICLEF, Indianapolis, IN, June, 1999] Presenter

Advanced Mediation Formats [ABA Section of Dispute Resolution, Annual Meeting, Boston, MA, April, 1999] Trainer

Mediating Year 2000 Disputes [Technology Mediation Services, LLC; Information and Technology Association of America (ITAA; AH&T Technology Brokers; and The St. Paul Companies, Inc.,Washington, DC, March, 1999] Speaker

Successful Handling of Wrongful Death Cases:  The Experts Share Their Secrets [Lorman Educational Services, Indianapolis, IN, December,1998] Speaker

Advanced Mediation Techniques [J•A•M•S/ Endispute Panelist Training, Chicago, IL, October, 1998] Trainer

Mediation and Arbitration Seminar [Defense Research Institute, Chicago, IL, June, 1998] Speaker

Insurance Law Institute [ICLEF, Indianapolis, IN, October, 1997] Speaker

Current Issues in Mediation [Indianapolis Bar Association, Indianapolis, IN, June, 1997] Speaker

Advanced Mediation Symposium [American Bar Association, San Antonio, TX, February, 1997] Speaker

Advanced Mediation [Indiana Lawyer, Indianapolis, IN, September, 1996] Trainer

Civil Mediation Training – Indiana Rules [Indiana Lawyer, Merrillville, IN, September, 1996] Trainer

Litigation Management College [Chicago Federation of Insurance and Corporate Counsel, Chicago, IL, June, 1995] Speaker

Advanced Mediation Skills [J•A•M•S/ Endispute Panelist Training, Dallas, TX, June, 1996] Trainer

TIPS Advanced Advocacy Training for Alternative Dispute Resolution [American Bar Association, Chicago, IL, May, 1996] Speaker

Making the Most of Mediation [Louisville Bar Association, Louisville, KY, March, 1996] Speaker

Advanced Mediation Skills [J•A•M•S/Endispute Panelist Training, New York, NY, January, 1996] Trainer

The Year in Review 1995 [Indiana Continuing Education Forum, Indianapolis, IN, December, 1995] Speaker

Indiana Law Update 1995 [Indiana Continuing Education Forum, Indianapolis, IN, September, 1995] Speaker

Advanced Mediation Training for Lawyers and Neutrals [The Indiana Lawyer, Indianapolis, IN, September, 1995] Trainer

Mediation and ADR [National Association of Legal Secretaries, Indianapolis, IN, September, 1995] Speaker

Recent Developments in ADR and Analysis of Arbitration Statutes [Indiana Continuing Legal Education Forum and Indiana University Alumni Association, Indiana Law Update 1995, Indianapolis, IN, September, 1995] Speaker

Mediation in Real Estate Matters [American Bar Association Annual Meeting, Chicago, IL, August, 1995] Speaker

Advanced Mediation Techniques for Trial Lawyers and Neutrals [American Bar Association Annual Meeting, Chicago, IL, August, 1995] Speaker

Facilitated Symposia [American Bar Association Annual Meeting, Chicago, IL, August, 1995] Panelist

Litigation Management College [Chicago Federation of Insurance & Corporate Counsel, Chicago, IL, June, 1995] Speaker

Civil Mediation Training [Indiana Continuing Legal Education Forum, Indianapolis, IN, June, 1995] Speaker

Mediation Techniques [DRI Seminar on Third Party Liability, Atlanta, GA, March, 1995] Speaker

ABA Symposium on Dispute Resolution, featuring Roger Fisher [Miami, FL, February, 1995] Chair

ADR History, ADR Methods and Necessary Skills and Techniques [ABA’s Central and Eastern European Law Initiative Technical Legal Assistance Workshop, Veszprem, Hungary, October, 1994] Speaker

Successful Mediation [Indiana Continuing Legal Education Forum, Indianapolis, IN, May, 1994] Speaker

Alternative Dispute Resolution [ISBA Business Law Section, Indianapolis, IN, October, 1993] Speaker

Mediate or Litigate?  [Personnel Law Update 1993, Indianapolis, IN, September, 1993] Speaker

Dispute Resolution and the Courthouse of the Future [American Bar Association Standing Committee on Dispute Resolution, Portland, Maine, June, 1993] Speaker

1993 Defense Seminar – Mock Mediation [The Insurance Institute of Indiana and The Indiana Defense Lawyers Association, Indianapolis, IN, June, 1993] Speaker

Alternative Dispute Resolution Mechanisms in Medical Liability Cases [National Institute, New Orleans, LA, May, 1993] Speaker

Mediation in May [Indianapolis Bar Association “Brown Bag” Seminar, Indianapolis, IN, May, 1993] Speaker

Alternative Dispute Resolution:  How to Evaluate and Settle Personal Injury Claims in Indiana [Professional Education Systems, Inc., Indianapolis, IN, December, 1992] Speaker

Current Issues in Business Litigation [Indiana Continuing Legal Education Forum, Indianapolis, IN, November, 1992] Speaker

Mediation: Handling Automobile Negligence Cases II [Indiana Continuing Legal Education Forum, Indianapolis, IN, November, 1992] Speaker

Shareholder Disputes:  Fiduciary Duty in Close Corporations [Lorman Education Services, Indianapolis, IN, September, 1992] Speaker

Alternative Dispute Resolution:  What You Should Know About This Change in the Practice of Law [Indiana Continuing Education Forum, Indianapolis, IN, September, 1992] Speaker

Mediation – Summertime Torts:  The Nuts and Bolts of Auto Cases in the 1990’s [Indiana Trial Lawyers Association, Indianapolis, IN, August, 1992] Speaker

Differences in Preparing a Case for Mediation versus Trial [American Bar Association 1992 Annual Meeting, San Francisco, CA, August, 1992] Speaker

Preparing a Case for Mediation [American Bar Association 1992 Annual Meeting, San Francisco, CA, August, 1992] Moderator

Mediation Pursuant to Indiana’s New ADR Rules [Indiana Association of Manufacturers, Indianapolis, IN, April, 1992] Speaker

Preventing Accounting Malpractice:  Viewpoint of a Defense Lawyer [Bingham Summers Welsh & Spilman –Business Litigation Practice Group, Indianapolis, IN, February, 1992] Speaker

Effective Motion Practice in Indiana: The Do’s and Don’ts of Motion Practice [Lorman Education Services, Indianapolis, IN, October, 1991] Speaker

Contract Law and Drafting Techniques [National Business Institute, Inc., May, 1991] Speaker

Alternative Dispute Resolution [ADR Seminar, Ohio Northern University, Ada, OH, March, 1991] Speaker

Civil Rights and Governmental Tort Liability:  Defending Prison Conditions and Jail Suicide Cases –Loss Prevention and Litigation Strategies [Defense Practice Seminar—The Defense Research Institute, San Diego, CA, February, 1991] Speaker

Alternative Dispute Resolution [Insurance Institute of Indiana, Inc.—1990 Defense Seminar, Indianapolis, IN, June, 1990] Speaker

Shareholders’ Rights and Responsibilities:  Majority Responsibilities and Minority Rights [Indianapolis Chamber of Commerce and Bingham Summers Welsh & Spilman, Indianapolis, IN, April, 1988] Speaker