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 proceeding to prove liability for or invalidity of the claim or its amount.
(b) Evidence of conduct or statements made in the course of mediation is not admissible. However, this subsection does not require the exclusion of evidence otherwise discoverable merely because it is presented in the course of the mediation process. This subsection does not require exclusion when the evidence is offered for another purpose, such as bias or prejudice of a witness or negating a contention of undue delay.
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