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;
(4) disclose the nature and extent of any relationships with the parties and any personal, financial, or other interest that may result in bias or a conflict of interest;
(5) advise each of the parties to consider independent legal advice;
(6) disclose to the parties or their attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by both parties;
(7) inform the parties of the extent to which information obtained from and about the participants through the mediation process is not privileged and may be subject to disclosure;
(8) inform the parties that they may introduce the written mediated agreement into evidence if the agreement is signed by all parties to the dispute;
(9) advise the parties of the time, date, and location of the mediation at least ten (10) days in advance, unless a shorter period is agreed to by the parties; and
(10) advise the parties of all persons whose presence at the mediation might facilitate settlement.
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