Ind. Code § 4-21.5-3.5-16

Current through P.L. 171-2024

Section 4-21.5-3.5-16 - Duties of mediator

A mediator for a proceeding under this chapter shall:

(1) inform the parties of the anticipated cost of mediation;

(2) advise the parties that the mediator does not represent either or both of the parties;

(3) define and describe the process of mediation to the parties;

(4) disclose the nature and extent of any relationships with the parties and any personal, financial, or other interest that may result in bias or a conflict of interest;

(5) advise each of the parties to consider independent legal advice;

(6) disclose to the parties or their attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by both parties;

(7) inform the parties of the extent to which information obtained from and about the participants through the mediation process is not privileged and may be subject to disclosure;

(8) inform the parties that they may introduce the written mediated agreement into evidence if the agreement is signed by all parties to the dispute;

(9) advise the parties of the time, date, and location of the mediation at least ten (10) days in advance, unless a shorter period is agreed to by the parties; and

(10) advise the parties of all persons whose presence at the mediation might facilitate settlement.

IC 4-21.5-3.5-16

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