The State of the States in Environmental Dispute Resolution:
INDIANA










 

 

Status:
The Office of Environmental Adjudication (OEA) is the appeals entity for the Indiana Department of Environmental Management (IDEM). The OEA and the IDEM hope to soon expand their use of mediation. The Natural Resources Commission (NRC) is the appeals entity for the Department of Natural Resources (DNR). There is no separate adjudicatory agency for the state. ADR is primarily used in civil law contexts.

Legal Authority:
IND. CODE ANN. §§ 4-21.5-3.5-1 to -27 (West Supp. 1998) (authorizing the use of mediation to resolve administrative agency proceedings and establishing procedure and guidelines for implementation of mediation in agencies).

Contact Information:
     Stephen Lucas, Director, or Sylvie Wilcox, Hearing Officer
     Division of Hearings
     Natural Resources Commission
     Indiana Government Center South
     402 W. Washington St., Room W272
     Indianapolis, IN 46204
     Phone: (317) 232-0156
     Fax: (317) 233-2977
     Website: http://www.state.in.us/nrc

Program Summary

Natural Resources Commission:
State legislation authorizes state agencies to opt into a process to choose mediation to resolve administrative disputes. The NRC exercised this option as reflected in a nonrule policy document published in the Indiana Register on August 1, 1996 that encouraged the use of ADR. Examples of the use of administrative mediation include disputes between landowners and timber buyers, disputes among riparian lake owners, disputes regarding construction within floodways, and disputes as to the application of the surface coal mining law. Twenty to thirty mediations have been implemented. The great majority of these were followed immediately or within a few weeks by settlements.

Department of Natural Resources:
The DNR was a participant in the mediation process which attempted to resolve the conflict over the diversion of Great Lakes water through the Chicago River. The nonrule policy document implemented by the NRC also provides the DNR with the opportunity to use administrative mediation.

Indiana Department of Environmental Management:
The IDEM is planning to introduce a pilot mediation program in cost recovery cases sometime in 1999. If successful, EDR, and specifically the use of mediation, will be expanded to other areas of the IDEM’s work. Mediation may be required in certain types of administrative disputes in the future, such as disputes about temporary structures on Indiana public freshwater lakes.

Indiana Public Utility Regulatory Commission:
The Indiana Public Utility Regulatory Commission (IURC) has recently promulgated mediation rules that allow parties to hire a mediator that is not an IURC employee. Mediation may have been started as early as October 1998. Mediation will be informal and will be used in rate cases.

Indiana Conflict Resolution Institute:
The Indiana Conflict Resolution Institute (ICRI) was established in the School of Public and Environmental Affairs at Indiana University to study, research, and teach ADR. The ICRI has the following three primary objectives: (1) to research and evaluate conflict resolution programs in the public and nonprofit sectors; (2) to foster an understanding and broader use of conflict resolution processes in undergraduate, graduate, and continuing and executive education curricula; and (3) to serve as a clearinghouse of information for Indiana conflict resolution programs.

Lessons Learned

  • At the state level, there needs to be a broad understanding of the benefits of EDR to all state agencies.
  • Although not all cases are settled in the mediation itself, many cases are settled later along the lines discussed in mediation.
  • Some parties need to get the approval of their constituency before they can reach a final agreement in mediation.
  • Mediation is not well known or understood by many parties. Parties are often unaware that mediation is an option.
  • Some agency staff do not like to take part in EDR because they see themselves as experts who should not have to compromise.
  • Because of the novelty of EDR, it is important that it be strongly promoted when it is first instituted.
  • Support within the agency is key to the success of EDR programs.

Further Information

People

Lori Kaplan, Indiana Department of Natural Resources, 402 W. Washington St., Indianapolis, IN 46204, Phone: (317) 232-4020, Fax: (317) 232-8036, Website: http://www.state.in.us/dnr

Nikki Schoultz, General Counsel, Indiana Public Utility Regulatory Commission, Indiana Government Center E 306, 302 W. Washington St., Indianapolis, IN 46204.

Offices

Indiana Conflict Resolution Institute, School of Public and Environmental Affairs, 1315 E. 10th St., Room 322, Bloomington, IN 47405, Phone: (812) 855-1618, Fax: (812) 856-6031, Website: http://www.spea.indiana.edu/icri

Publications

Mediation Pilot Project for the Use of Mediation and Facilitation in Administration Proceedings (visited Mar. 22, 1999) http://www.state.in.us/nrc/mediproj.htm

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