Indiana Conflict Resolution Institute
Research Paper: ADR in Indiana










 

 

Alternative Dispute Resolution in Indiana
by Christine Clark-Trevino

Contents

Indiana ADR in General

Within the state of Indiana, disputing parties seeking resolution of issues can forego traditional litigation and choose from an array of alternative dispute resolution techniques. These techniques encompass such areas as public employee disputes, labor disputes, administrative agency matters, and personal disputes. The most common forms of alternative dispute resolution are mediation and arbitration, commonly divided into civil and domestic.

Authority for Alternative Dispute Resolution in Indiana
 Indiana Rules for Alternative Dispute Resolution:
Rules 1 through 7.7.

Mediation

When parties decide to mediate a dispute they choose to involve a neutral third party, who will encourage and assist them in negotiating a voluntary resolution of their dispute. This mediator helps to identify the issues and interests involved, solve problems, and craft settlement alternatives. The mediator has no power to decide the dispute. The disputing parties themselves decide on an acceptable settlement, which the mediator may draw up and present to them. The mediation process is confidential and speedier and relatively less expensive than proceeding to litigation to resolve issues.

The Indiana Rules for Alternative Dispute Resolution divide mediation into two categories, civil and domestic for purposes of mediator registration. Domestic mediation is very similar to civil mediation, yet the focus is on marriage dissolution and related and subsequent issues such as custody and payment/modification of child support. Parties can also use domestic mediation when they need to facilitate a continuing relationship, such as between family members and neighbors. Like civil mediation, domestic mediation is confidential and relatively less expensive and speedier than litigation. It possesses the added advantage of creating an atmosphere of "reasonable communication" between the disputing parties.

The parties are able to select their own mediator from the following two options: (1) a list from the Indiana Supreme Court Commission for Continuing Legal Education registry or (2) a non-registered mediator who must be approved by the trial court. If the parties are unable to agree upon a mediator, the court will designate three registered mediators. Each party will have an opportunity to strike one mediator from the initial list of three. The remaining mediator will be assigned as the selected mediator.

All mediators must complete an Indiana Commission for Continuing Legal Education -approved, basic 40-hour training course. In civil cases, the mediator must also be an attorney in good standing with the Indiana Supreme Court. In order to maintain their approved status, all mediators must complete six hours of training during a 2-year period prior to their recertification by the Indiana Supreme Court. If domestic mediators wish to crossover to civil mediation, they must complete an additional 16 hours of training.

Fees for mediation vary throughout the state. Mediators can compute fees on an hourly, or per-party, basis; they may assess a fixed fee by day or half-day; other methods are possible. However, courts allow no contingency fees. Parties must pay all fees within 30 days of the mediation's end.

Authority for Mediation in Indiana

Key:
IC = Indiana Code, the general laws in Indiana
IAC = Indiana Administrative Code – the administrative laws
§ = section
et seq = and the following statutes, through the chapter's end.

Read IC § 4-6-9-1 et seq as "Indiana Code Chapter 4, Article 6, Chapter 9, Section 1, and the following."
  • Indiana Attorney General, Consumer Protection. IC § 4-6-9-1 et seq.
  • Administrative Agency Mediation. IC §. 4-21.5-3.5-1 et seq.
  • Voluntary Remediation of Hazardous Substances & Petroleum, IC § 13-5-5-1 et seq.
  • Counseling & Debt Restructuring Negotiations for Farmers, IC § 15-7-8-1 et seq.
  • Worker's Compensation System, Administration & Procedures. IC § 22-3-4-1 et seq.
  • Regulation of Timber Buyers by the Dept of Natural Resources IC § 25-36.5-1-1 et seq.
  • Dissolution of Marriage & Legal Separation, Mediation. IC § 31-15-9.4-1 et seq.
  • Support of Children & Other Dependents, Mediation. IC § 31-16-6.4-1 et seq.
  • Custody & Visitation Rights, Mediation. IC § 31-17-2.4-1 et seq.
  • Community Dispute Resolution Center. IC § 34-4-2.5-1 et seq.
  • Natural Resources Commission Mediation Procedures. 310 IAC 23-7-1 et seq.
  • Indiana Residential Conservation Service Program, Guidelines. 55 IAC 3.1-2-10.
  • Procedures for Resolving Individual Child Complaints, Mediation. 470 IAC 3.1-15-9.
  • Authority for Special Education, Mediation. 511 IAC 7-15-1 et seq.
  • Indiana Education Employment Relations Board, Mediation. 560 IAC 2-4-1 et seq.
  • Indiana Civil Rights Commission: Fair Housing Complaints. 910 IAC 2-6-1 et seq.

Arbitration

The second basic form of ADR is arbitration. Here the parties choose, often through a term of a contract, to involve a neutral third party. This arbitrator hears the parties' facts and arguments and renders a binding decision. Business owners and private and public employees, among others, find that arbitration serves their needs. Arbitration can provide a more flexible process for resolving disputes, it is an informal process yet takes place under oath, is speedier and less expensive than litigation, and often allows the parties to choose their own rules. Disputes that can be arbitrated include those in labor, real estate, consumer issues such as those involving major auto manufacturers, health care claims settlement, professional and amateur sports, sexual harassment and claims arising under the Americans with Disabilities Act.

Parties can also agree to arbitrate domestic disputes. Such arbitration usually involves marriage dissolution and related issues. Arbitration may be an attractive alternative to court resolution of family issues, in part because parties are able to choose an arbitrator with expertise in family law. Such arbitration is generally less expensive and speedier than litigation, and often involves a more flexible process in reaching a settlement.

Many organizations exist to provide parties with arbitrators; these organizations vary widely in fees they charge, if any, to the disputing parties.

Authority for Arbitration in Indiana

 
Key:
IC = Indiana Code, the general laws in Indiana
IAC = Indiana Administrative Code – the administrative laws
§ = section
et seq = and the following statutes, through the chapter's end.

Read IC § 4-6-9-1 et seq as "Indiana Code Chapter 4, Article 6, Chapter 9, Section 1, and the following."
  • Indiana General Arbitration Act. IC § 34-4-1-1 to -25.
  • Indiana Uniform Arbitration Act. IC § 34-4-2-1 to -22.
  • Indiana Seed Arbitration Statute. IC § 15-4-11-1 et seq.
  • State Employees' Appeals Commission. IAC 33 1-1-1 et seq.
  • Occupational Safety. Employee Complaints/Testifying. 610 IAC 4-5-1 et seq.

Additional Uses of ADR

Some additional areas where parties can use alternative dispute resolution in Indiana are: (1) helping farmers mediate their debt/financial problems; (2) arbitrating claims against sellers of agricultural seeds for failure to perform; (3) mediation of consumer protection disputes by the State Attorney General; (4) worker's compensation claims, and others. Schools also use mediation, increasingly in the form of peer dispute resolution, in an attempt to educate students, parents, teachers, and administrators in conflict resolution methods. In school dispute resolution students are trained to act as the neutral 3rd parties, and have the task of resolving difficulties between other students. School officials determine the types of conflicts which will be mediated; these often involve name-calling, bullying, bossing, etc. Schools vary in the procedures used in mediation.

Indiana's administrative agencies are now authorized to mediate disputes. Agency mediation brings the benefits of a speedier and more efficient avenue than litigation to resolve disputes. Other states have experienced success in using administrative mediation to resolve environmental disputes. Agencies generally report high success rates using alternative dispute resolution.

Ethical Requirements for Mediators and Arbitrators

Indiana's mediators and arbitrators must conform to the ethical requirements of Indiana's ADR Rule 7. Anyone who applies to an Indiana court to serve as a "neutral" is covered by Rule 7. Arbitrators are also subject to the rules of the Code of Ethics for Arbitrators in Commercial Disputes, the ethics of both the American Bar Association and the American Arbitration Association, among others. Mediators fall under Codes such as the Academy of Family Mediators, the standards contained within the Society of Professionals in Dispute Resolution, the Indiana Association of Mediators, and others. Attorneys who serve as neutrals in alternative dispute resolution are subject to the Rules of Professional Conduct, in addition to any other organization's standards.

Ethical Rules/Standards

Indiana State Bar Association. Admission & Discipline Rule 23.

Continuing Legal Education Guidelines, Court Rules.

Rules of Professional Conduct:
Rule 1.5: Fees
Rule 1.12: Former Judge/Arbitrator
Rule 1.15: Safekeeping Property
Rule 2.2: Intermediary

Additional Local County/Court Rules of ADR

Joint Allen County Alternative Dispute Resolution Rule

Lake County Rules of Alternative Dispute Resolution:
Rule A: Applications and Lists of Mediators
Rule B: Civil Cases.
Rule C: Domestic Relations Cases
Marion County Circuit & Superior Courts:
Civil Rule 11: Case Management Conference
Civil Rule 21: Alternative Dispute Resolution

Marion County Municipal Court, Rule 27, Alternative Dispute Resolution

Morgan County, Order, Referring Case to Mediation Pursuant to ADR Rule 1 & 2

Porter County General Order, Alternative Dispute Resolution

St. Joseph County Circuit Court:
Rule 11, Contested Matters.
Rule 12. Mediation
Rule 17. Standing Order for Parental Education Workshop
U.S. District Court, Northern District
Local Rule 16.1: Pretrial Procedures
Local Rule 53.2: Arbitration/Alternative Dispute Resolution
Local Rule B-919.2: Bankruptcy, Arbitration/Alternative Dispute Resolution
U.S. District Court, Southern District:
Local Rule 16.1: Pretrial Procedures
Local Rule 53.2: Arbitration/Alternative Dispute Resolution (respectively)

Vigo County Rule 14, Alternative Dispute Resolution

Associations of Mediators and Arbitrators

Community Dispute Resolution

The Foundation Center
888 Seventh Avenue
New York, New York 10106
(800) 424-9836

and

101 Connecticut Ave., NW. W
Washington, DC 20036
(202) 331-1400
The National Institute for Dispute Resolution
1726 M. Street, NW, Suite 500
Washington, DC 20036
(202) 466-6226
 

Arbitration Resources

American Arbitration Association
140 W. 51st Street
New York, NY 10020-1203
(212)484-4000
American Arbitration Association
525 Vine Street, Suite 1070
          Cincinnati, Ohio 45202
(513)241-8434
American Arbitration Association
225 N. Michigan Ave., Suite 2527
Chicago, IL 60601-7601
(312)616-6560
Better Business Bureau, Inc.
22 E Washington Street, Suite 200
Indianapolis, IN 46204
(317) 488-2222
Federal Deposit Insurance Corporation
ADR Unit
550 17th St. N.W., H-11094
Washington, DC 20439
(202) 482-6500
Federal Labor Relations Authority
Office of Public Affairs
Washington, DC 20424-0001
(202) 482-6500
Federal Labor Relations Authority Regional Office
55 W. Monroe, Suite 1150
Chicago, IL 60603
(312) 353-6306
Federal Mediation & Conciliation Service
Office of Arbitration Services
Washington, DC 20427
(202) 653-5280
Ford Motor Company Dispute Settlement Board
PO Box 5120
Southfield, MI 48086-5120
1-800-392-3673 (Ford)
Indiana Association of Mediators, Inc.
PO Box 19731
Indianapolis, IN 46219
(317) 375-6405
Indiana Association of Realtors, Inc.™
7301 N. Shadeland Avenue
PO Box 50736
Indianapolis, IN 47250-0736
(317) 842-0890
Indiana Department of Labor
402 W. Washington Street, Room W195
Indianapolis, IN 46204
232-2655
Indiana Education Employment Relations Board
100 N. Senate Ave.
IGCN - 1049
Indianapolis, IN 46204
(317) 232-6620
Indiana Seed Arbitration Council
c/o Office of State Chemist and Seed Commissioner
Purdue University
1154 Biochemistry Building
West Lafayette, IN 47907
(317) 494-1492
Indiana Society of Professionals in Dispute Resolution
c/o Cynthia Stanley, Speakers Bureau
9425 N. Meridian Street
Indianapolis, IN 46260
(317) 573-0184
International Foundation of Employee Benefit Plans
18700 W. Bluemound Rd
PO Box 69
Brookfield, WI 53008-0069
786-6700
Metropolitan Indianapolis Board of Realtors
1912 N. Meridian Street
Indianapolis, IN 46202
(317) 926-1912
National Academy of Arbitrators
Office of the Secretary
School of Industrial and Labor Relations
Cornell University
20 Thornwood Drive, Suite 107
Ithaca, NY 14850
1-800-872-5617
National Association of Securities Dealers, Inc.
Arbitration Department
33 Whitehall Street
New York, NY 10004
523-5920
National Mediation Board
Washington, DC 20572
523-5920
New York Stock Exchange, Inc.
11 Wall Street
New York, NY 10005
(212) 656-2772
North American Export Grain Association
1300 L Street, NW
Washington, DC 20005
(202) 682-4030
Society of Professionals in Dispute Resolution (SPIDR)
International Office
815 15th Street, N.W. Suite 530
Washington, D.C. 20005-7281
(202) 783-7277
SPIDR (Indiana Chapter)
Monette Draper
1352 W. 106th
Carmel, IN 46032
(317) 574-0414

Mediation Resources

Academy of Family Mediators (AFM)

Association of Family & Conciliation Courts (AFCC)

Indiana Association of Mediators (IAM)

Indiana State Bar Association, Alternative Dispute Resolution Section & Domestic L Litigation Committee

Society of Professionals in Dispute Resolution (SPIDR)

Indiana Conflict Resolution Institute
Last updated: July 30, 2004
Comments: ICRI Administrator
Copyright 1999 - Indiana University, Bloomington