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 mediator's report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement.
(b) An agreement as a result of mediation must be in writing and signed by the parties. The agreement must be filed with the administrative law judge assigned to the proceeding. If the agreement is complete on all issues, it must be accompanied by a joint stipulation of disposition. Upon approval of a joint stipulation of disposition by the administrative law judge, it has the same force and effect as an agreed order approved by the administrative law judge.
(c) An approved joint stipulation of disposition under this chapter is considered a contract between the parties.
As added by P.L.16-1996, SEC.1. Amended by P.L.205-2019, SEC.12.
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