§ 4-21.5-3.5-5 — Selection of proceeding for mediation; objections

Indiana § 4-21.5-3.5-5

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 3.5: Mediation

Text

(a) If a proceeding is of a type that has been
identified as appropriate for alternative dispute resolution under section
2 of this chapter, the administrative law judge assigned to the
proceeding may, on the administrative law judge's own motion or upon
motion of any party, select the proceeding for mediation.
(b) Not more than fifteen (15) days after an order of selection for
mediation, a party may object by filing a written objection specifying
the grounds. The administrative law judge shall promptly consider an
objection to mediation and any response to the objection and shall
reconsider whether the proceeding is appropriate for mediation.
(c) In considering an order for mediation under this section, the
administrative law judge shall consider:
(1) the willingness of the parties to mutually resolve their dispute;
(2) the ability of the parties to participate in the mediation
process;
(3) the need for discovery and the extent to which it has been
conducted; and
(4) any other factors that affect the potential for fair resolution of
the dispute through the mediation process.

Legislative History

As added by P.L.16-1996, SEC.1.