Sec. 15. (a) A dealer who is injured by an unfair practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or petition with the division.
(b) A dealer who is injured by an unfair practice set forth in IC 9-32-13-27 may file a request for declaratory judgment with the division.
(c) A dealer may not file a complaint, request for declaratory judgment under subsection (b) based on an alleged violation of IC 9-32-13-27, or petition with the division under subsection (a) based on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer or distributor unless the dealer serves a demand for mediation upon the manufacturer or distributor:
(1) before; or
(2) at the same time as;
filing the complaint, request for declaratory judgment, or petition. A demand for mediation must be in writing and served upon the manufacturer or distributor by certified mail at an address designated for the manufacturer or distributor in the licensor's records. The demand for mediation must contain a brief statement of the dispute and the relief sought by the dealer serving the demand.
(d) Not later than twenty (20) days after the date the demand for mediation is served under subsection (c), the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place must be within Indiana at a location selected by the mediator. The mediator may extend the period in which the meeting must occur for good cause shown by either party or upon stipulation of the parties.
As added by P.L.92-2013, SEC.78. Amended by P.L.182-2021, SEC.25.
Structure Indiana Code
Chapter 16. Administration and Legal Proceedings
9-32-16-1. Administration of Dealer Services by Secretary of State
9-32-16-3. Information or Documents Considered Law Enforcement Records
9-32-16-4. Compliance With Request, Order, or Subpoena for Production of Documentary Evidence
9-32-16-5. Dealers to Provide Staff of Division Access to Dealer's Premises and Records
9-32-16-6. Dealer Required to Make and Maintain Records; Data Storage; Retention of Records
9-32-16-7. Secretary of State to Provide Assistance to Other State or Foreign Jurisdiction
9-32-16-8. Person Required to Cooperate With Division; Failure to Cooperate
9-32-16-10. Referrals to Local Prosecuting Attorney
9-32-16-12. False or Misleading Statements or Omitted Facts
9-32-16-15. Dealers; Unfair Practices; Declaratory Judgment; Demand for Mediation; Mediation