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 chapter, or the parties may elect to use, at their own cost, an outside mediator who is:
(1) qualified under section 8 of this chapter; and
(2) approved by the administrative law judge assigned to the proceeding.
(b) If a mediator is not selected by agreement or choice under subsection (a), the administrative law judge assigned to the proceeding shall designate three (3) mediators from the approved list of mediators described in subsection 7(d) and allow fifteen (15) days for alternate striking by each side. The party initiating the proceeding shall strike first. The mediator remaining after the striking process is the mediator.
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