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 necessary, and equitably divide the mediation costs among the parties.
(b) To make the determination required by subsection (a), the administrative law judge shall consider the following:
(1) The complexity of the litigation.
(2) The skill levels needed to mediate the proceeding.
(3) The ability of a party to pay.
(c) Mediation costs must be paid not more than thirty (30) days after the mediation is completed unless otherwise agreed among the mediator and the parties.
As added by P.L.16-1996, SEC.1.
Structure Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures
4-21.5-3.5-1. Mediation Guidelines; Procedural Rights; Rules
4-21.5-3.5-2. Appropriateness of Mediation; Rules
4-21.5-3.5-3. Agreement to Mediate
4-21.5-3.5-4. Immunity of Mediator
4-21.5-3.5-5. Selection of Proceeding for Mediation; Objections
4-21.5-3.5-6. Selection of Mediator by Agreement of Parties
4-21.5-3.5-7. Application to Mediate; List of Approved Mediators
4-21.5-3.5-8. Qualifications of Mediator; Agreement of Parties on Mediator
4-21.5-3.5-9. Guidelines for Mediator Selection if Parties Do Not Agree
4-21.5-3.5-10. Choice Not to Serve as Mediator
4-21.5-3.5-11. Replacement of Mediator
4-21.5-3.5-12. Effect if Mediator Chooses Not to Serve
4-21.5-3.5-13. Mediator Ineligibility
4-21.5-3.5-14. Mediation Costs
4-21.5-3.5-15. Continuance of Proceedings
4-21.5-3.5-16. Duties of Mediator
4-21.5-3.5-17. Individuals Present at Mediation
4-21.5-3.5-18. Confidential Statements; Nonpublic Records
4-21.5-3.5-19. Mediator Meetings With Parties
4-21.5-3.5-20. Termination of Mediation
4-21.5-3.5-21. Failure to Reach Agreement; Requirements for Agreement
4-21.5-3.5-22. Ability to Mediate Subsequent Disputes
4-21.5-3.5-23. Conflicts of Interest
4-21.5-3.5-24. Rules of Evidence Do Not Apply
4-21.5-3.5-25. Limitation of Discovery
4-21.5-3.5-26. Mediation Regarded as Settlement Negotiation
4-21.5-3.5-27. Confidential and Privileged Nature of Mediation