Indiana § 4-21.5-3.5-18 Confidential statements; nonpublic records

Indiana Statutes

§ 4-21.5-3.5-18 — Confidential statements; nonpublic records

Indiana § 4-21.5-3.5-18

Art. 21.5ADMINISTRATIVE ORDERS AND

Ch. 3.5Mediation

This text of Indiana § 4-21.5-3.5-18 (Confidential statements; nonpublic records) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 4-21.5-3.5-18 (2026).

Text

(a)The attorney for a party to a proceeding may submit to the mediator a confidential statement of the proceeding, not to exceed ten (10) pages, before a mediation conference. The statement submitted under this section must include the following:

(1)The legal and factual contentions of the party.

(2)The factors considered in arriving at a settlement posture.

(3)The settlement negotiations to date.

(b)A confidential statement under this section may be supplemented by exhibits or evidence that must be made available to the opposing party or the opposing party's counsel at least five (5) days before the mediation conference.

(c)A confidential statement is privileged and confidential unless an agreement by the parties to the contrary is provided to the mediator.

(d)If the mediation proc

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(a) The attorney for a party to a
proceeding may submit to the mediator a confidential statement of the
proceeding, not to exceed ten (10) pages, before a mediation
conference. The statement submitted under this section must include
the following:
(1) The legal and factual contentions of the party.
(2) The factors considered in arriving at a settlement posture.
(3) The settlement negotiations to date.
(b) A confidential statement under this section may be
supplemented by exhibits or evidence that must be made available to
the opposing party or the opposing party's counsel at least five (5) days
before the mediation conference.
(c) A confidential statement is privileged and confidential unless an
agreement by the parties to the contrary is provided to the mediator.
(d) If the mediation process does not result in settlement, any
submitted confidential statement must be returned to the submitting
attorney or party.
(e) Notwithstanding IC 4-21.5-4-6, the following are not public
records or part of the agency record, gathered by the mediator in the
course of mediation, in a proceeding:
(1) A confidential statement.
(2) Exhibits.
(3) Evidence.
(4) Other information.
(5) Draft settlement documents.