Title 4, TITLE 4. STATE OFFICES AND ADMINISTRATION
366 chapters · 3,438 sections in this title.
Ind. Code § 4-21.5-3.5-1 Mediation guidelines; procedural rights; rules
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Sec. 1. (a) Except as provided in subsections (b) and (c), the mediation guidelines adopted by rule under this chapter must supplement the procedural rights established by this article. (b) An agency described in IC 4-21.5-2-4 that is exempt from administrative orders and procedu…
Ind. Code § 4-21.5-3.5-10 Choice not to serve as mediator
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Sec. 10. A person selected to serve as a mediator under this chapter may choose not to serve for any reason. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-11 Replacement of mediator
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Sec. 11. At any time, a party to a proceeding may request that the administrative law judge replace the mediator of the proceeding for good cause. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-12 Effect if mediator chooses not to serve
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Sec. 12. If a mediator chooses not to serve or the administrative law judge decides to replace a mediator, the mediator selection process described in this chapter shall be repeated. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-13 Mediator ineligibility
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Sec. 13. A mediator may not be selected to mediate a proceeding if the mediator: (1) has an interest in the outcome of the proceeding; (2) is related to any of the parties or attorneys in the proceeding; or (3) is employed by any of the parties or attorneys involved in the procee…
Ind. Code § 4-21.5-3.5-14 Mediation costs
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Sec. 14. (a) If the parties to a proceeding elect to use an outside mediator, the costs of mediation must be paid as agreed by the parties. If there is no agreement of the parties, the administrative law judge assigned to the proceeding shall determine the mediation costs, if nec…
Ind. Code § 4-21.5-3.5-16 Duties of mediator
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Sec. 16. A mediator for a proceeding under this chapter shall: (1) inform the parties of the anticipated cost of mediation; (2) advise the parties that the mediator does not represent either or both of the parties; (3) define and describe the process of mediation to the parties; …
Ind. Code § 4-21.5-3.5-17 Individuals present at mediation
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Sec. 17. (a) The parties and their attorneys, if any, must be present at any mediation session unless otherwise agreed. A mediator may allow nonparties to the dispute to be present at a mediation session if the parties agree. (b) All parties, attorneys with settlement authority, …
Ind. Code § 4-21.5-3.5-18 Confidential statements; nonpublic records
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Sec. 18. (a) The attorney for a party to a proceeding may submit to the mediator a confidential statement of the proceeding, not to exceed ten (10) pages, before a mediation conference. The statement submitted under this section must include the following: (1) The legal and factu…
Ind. Code § 4-21.5-3.5-19 Mediator meetings with parties
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Sec. 19. In the mediation process, the mediator may meet jointly or separately with the parties and may express an evaluation of the proceeding to one (1) or more parties or their representatives. This evaluation may be expressed in the form of settlement ranges rather than exact…
Ind. Code § 4-21.5-3.5-2 Appropriateness of mediation; rules
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Sec. 2. (a) For each type of administrative proceeding, the ultimate authority shall determine whether mediation is an appropriate means of alternative dispute resolution. (b) For proceedings that an ultimate authority determines to be appropriate for mediation, the agency may ad…
Ind. Code § 4-21.5-3.5-20 Termination of mediation
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Sec. 20. (a) As soon after mediation as practicable, the mediator shall report to the administrative law judge that the mediation process has been completed, terminated, or extended. (b) The mediator shall terminate mediation whenever: (1) the mediator believes that continuation …
Ind. Code § 4-21.5-3.5-21 Failure to reach agreement; requirements for agreement
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Sec. 21. (a) If the parties do not reach an agreement on any matter as a result of mediation, the mediator shall report the lack of an agreement without comment or recommendation to the administrative law judge assigned to the proceeding. With the consent of the parties, the medi…
Ind. Code § 4-21.5-3.5-22 Ability to mediate subsequent disputes
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Sec. 22. A person who has served as a mediator in a proceeding may act as a mediator in subsequent disputes between the parties, and the parties may provide for a review of the agreement with the mediator on a periodic basis. However, the mediator shall decline to act in any capa…
Ind. Code § 4-21.5-3.5-23 Conflicts of interest
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Sec. 23. A mediator is required to use an effective system to identify potential conflict of interest at the time of appointment to a proceeding as a mediator. The mediator may not subsequently act as an investigator or make any recommendations regarding the mediated proceeding. …
Ind. Code § 4-21.5-3.5-24 Rules of evidence do not apply
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Sec. 24. With the exception of privileged communications, the rules of evidence do not apply to mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-25 Limitation of discovery
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Sec. 25. Whenever possible, parties to a proceeding are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. By agreement of the parties, or as ordered by the administrative law judge, discovery may be deferred during medi…
Ind. Code § 4-21.5-3.5-26 Mediation regarded as settlement negotiation
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Sec. 26. (a) Mediation shall be regarded as a settlement negotiation. Evidence of furnishing or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim that was disputed as to either validity or amount is not admissible in a pr…
Ind. Code § 4-21.5-3.5-27 Confidential and privileged nature of mediation
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Sec. 27. (a) A mediator is not subject to process requiring disclosure of any matter discussed during the mediation. Matters discussed during mediation are confidential and privileged. (b) The confidentiality requirement of subsection (a) may not be waived by the parties. (c) An …
Ind. Code § 4-21.5-3.5-3 Agreement to mediate
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Sec. 3. Before a proceeding is initiated, an agency and a person who may be the subject of an agency action may agree to use mediation to resolve a dispute. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-4 Immunity of mediator
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Sec. 4. A mediator, co-mediator, or team mediator appointed and acting under this chapter has immunity in the same manner and to the same extent as a judge having jurisdiction in Indiana. As added by P.L.16-1996, SEC.1.
Ind. Code § 4-21.5-3.5-5 Selection of proceeding for mediation; objections
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Sec. 5. (a) If a proceeding is of a type that has been identified as appropriate for alternative dispute resolution under section 2 of this chapter, the administrative law judge assigned to the proceeding may, on the administrative law judge's own motion or upon motion of any par…
Ind. Code § 4-21.5-3.5-6 Selection of mediator by agreement of parties
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Sec. 6. (a) If a proceeding is conducted by mediation, the administrative law judge assigned to the proceeding shall within fifteen (15) days after the date of the order for mediation make available to the parties, at no cost, a mediator who is qualified under section 8 of this c…
Ind. Code § 4-21.5-3.5-7 Application to mediate; list of approved mediators
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Sec. 7. (a) A person, other than agency personnel, who wishes to serve as a mediator under this chapter shall file an application with the ultimate authority or its designee describing the type of proceeding in which the person desires to serve as a mediator and setting forth qua…
Ind. Code § 4-21.5-3.5-9 Guidelines for mediator selection if parties do not agree
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Sec. 9. If rules are adopted under section 2 of this chapter, the rules must include guidelines for selection of a mediator for the ultimate authority when there is no appropriate mediator or listed mediator available and the parties cannot agree on an unlisted mediator. As added…