Indiana
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Indiana. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Indiana can be found in RSI’s Research Library and in Reports below.
State Legislation
- Indiana Code 31-15-9.4: Dissolution of Marriage and Legal Separation: Mediation
- Indiana Code 31-16-6.4: Support of Children and Other Dependents: Mediation
- Indiana Code 31-17-2.4: Custody and Visitation Rights: Mediation
- Indiana Code 33-23-6: Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution
- Indiana Code 34-57-3: Community Dispute Resolution
- Indiana Code 34-57-4: Alternative Dispute Resolution
- Indiana Code 34-57-5: Family Law Arbitration
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Indiana Code 31-16-6.4: Support of Children and Other Dependents: Mediation
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: When considering mediation referrals for child support cases, this chapter says the court's main considerations should be whether the parties in a case are able to pay for mediation services and whether mediation is appropriate in helping resolve the...
Indiana Code 31-15-9.4: Dissolution of Marriage and Legal Separation: Mediation
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: When considering mediation referrals for dissolution of marriage cases, this chapter says the court's main considerations should be whether the parties in a case are able to pay for mediation services and whether mediation is appropriate in helping r...
Indiana Code 31-17-2.4: Custody and Visitation Rights: Mediation
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: When considering mediation referrals for child custody and visitation cases, this chapter says the court's main considerations should be whether the parties in a case are able to pay for mediation services and whether mediation is appropriate in help...
Indiana Code 34-57-5: Family Law Arbitration
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: This statute establishes the rules governing family law arbitrations for cases involving marriage dissolution, child custody and child support issues. It addresses the referral and arbitrator selection processes, the duties and powers of the arbitrat...
Indiana Code 33-23-6: Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: In those counties that meet the listed requirements, this chapter allows court clerks to collect an alternative dispute resolution fee of $20 from parties filing petitions for legal separation, paternity or dissolution of marriage. ...
Indiana Code 34-57-4: Alternative Dispute Resolution
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: Once a case has been referred by the court to alternative dispute resolution, this chapter requires the court to suspend action on the case until a decision is submitted from the dispute resolution center. ...
Indiana Code 34-57-3: Community Dispute Resolution
Indiana General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: This chapter establishes the community dispute resolution centers program, which provides funding for resolution centers that handle criminal and civil cases referred from the court or prosecuting attorney. The Chief Justice administers the funds and...
Rules
Indiana Rules of Court Rules of Evidence
Indiana Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Rule 408 of these rules prohibits the use of statements made during alternative dispute resolution as evidence to prove or disprove a disputed claim or to impeach prior inconsistent statements. ...
Indiana Rules of Court Rules of Appellate Procedure
Supreme Court of Indiana . Jan. 1, 2019Resource Type: Rules - Court
Abstract: Rule 20 of these rules address appellate alterrnative dispute resolution. Under this rule, parties in civil cases are encouraged to consider appellate mediation. ...
Indiana Rules of Court Rules for Alternative Dispute Resolution
Indiana Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: These rules apply to all civil and domestic relations cases filed in trial courts in Indiana. They cover several ADR processes, including mediation, arbitration, mini-trials, summary jury trials, and private judges. These processes may all be ordered...
U.S. Court of Appeals for the Seventh Circuit, Rule 33: Prehearing Conference
U.S. Court of Appeals for the Seventh Circuit. Dec. 1, 2018Abstract: "At the conference the court may, among other things, examine its jurisdiction, simplify and define issues, consolidate cases, establish the briefing schedule, set limitations on the length of briefs, and explore the possibility of settlement." ...
Indiana Rules of Court Parenting Time Guidelines
Indiana Supreme Court. Jan. 1, 2017Resource Type: Rules - Court
Abstract: These guidelines apply to all child custody situations, except in cases where the court reasonably believes there are circumstances that could endanger a child's health or safety. Under the guidelines, when a disagreement occurs regarding parenting t...
U.S. Court of Appeals for the Seventh Circuit Local Rules: Appeal Conferences
U.S. Court of Appeals for the Seventh Circuit. March 1, 1987; current as of December 1, 2011Resource Type: Rules - Court
Abstract: These are the local rules for the U.S. Court of Appeals for the 7th Circuit. Rule 33 of the Federal Rules of Appellate Procedure and Circuit Rule 33 addresses appeal conferences and allows for mediations in civil appeals. Additional information about...
Reports
Child Informed Mediation Study Follow-Up: Comparing the Frequency of Relitigation Following Different Types of Family Mediation
Rudd, Brittany; Ogle, Rachel, Holtzworth-Munroe, Amy; Applegate, Amy; D'Onofrio Brian. Psychology, Public Policy and Law 21 (4), May. 1, 2015Resource Type: Study
Abstract: This study analyzes the initial outcomes of child-informed mediation in cases where at least one child is age five or older. For this study, researchers examined 47 cases that were randomly to either mediation as usual (MAU), child-inclusive (CI), or...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Detecting Intimate Partner Violence in Family and Divorce Mediation A Randomized Trial of Intimate Partner Violence Screening
Ballard, Robin H.; Holtzworth-Munroe, Amy; Applegate, Amy G.; Beck, Connie J.. Psychology, Public Policy, and Law (American Psychological Association), Feb. 14, 2011Resource Type: Study
Not Available
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Court ADR Programs for Domestic Relations Cases 2008 Annual Report
Domestic Relations Committee of the Judicial Conference of Indiana. Jan. 1, 2009Resource Type: Report
Abstract: Indiana collects information on the circuit court family ADR programs each year. The programs consist of mediation services, free mediation days, parenting coordination, conflict resolution classes and intensive in-home case management, among other p...
Court ADR Programs for Domestic Relations Cases 2007 Annual Report
Domestic Relations Committee of the Judicial Conference of Indiana. Jan. 1, 2008Resource Type: Report
Abstract: Indiana collects information on the circuit court family ADR programs each year. The programs consist of mediation services, free mediation days, parenting coordination, conflict resolution classes and intensive in-home case management, among other p...
Court ADR Programs in Domestic Relations Cases - 2006 Annual Report
Indiana Judicial Center. Jan. 1, 2006Resource Type: Report
Abstract: Court alternative dispute programs for domestic relations were authorized by the Indiana General Assembly in 2003, and the first programs were launched in 2004. By the end of the 2006, 23 counties (encompassing 37 courts) had approved court ADR progr...
Court ADR Programs in Domestic Relations Cases - 2005 Annual Report
Indiana Judicial Center. Jan. 1, 2005Resource Type: Report
Abstract: Court alternative dispute programs for domestic relations were authorized by the Indiana General Assembly in 2003, and the first programs were launched in 2004. By the end of the 2005, 18 counties (encompassing 30 courts) had approved court ADR progr...
Court ADR Programs in Domestic Relations Cases - 2004 Annual Report
Indiana Judicial Center. Jan. 1, 2004Resource Type: Report
Abstract: The Indiana General Assembly authorized the creation of court alternative dispute resolution programs for domestic relations cases in July 2003. Seven counties established programs by January 2004; by the end of the year, a total of 14 counties had p...
An Evaluation of the Effect of Court-Ordered Mediation and Proactive Case Management On the Pace of Civil Tort Litigation in Lake County, Indiana
Dywan, Jeffery J. Journal of Dispute Resolution, Jan. 1, 2003Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: A study compared time to disposition for mediated cases and non-mediated cases in two civil courtrooms. In one, the judge practiced "proactive case management." He referred cases at his discretion at the initial conference and set a deadline for the ...
Attitudes of Indiana Judges toward Mediation
Medley, Morris L.; Schellenberg, James A.. Mediation Quarterly, Jan. 1, 1994Resource Type: Study
Abstract: The article outlines the goals, methods and procedures used in the study of Indiana judges' opinions regarding civil and divorce mediation in their courts. The majority of judges responded that court-connected mediation could be a beneficial practic...
Two Types of Juvenile Restitution Programs in Two Midwestern Counties: A Comparative Study
Roy, Sudipto. Federal Probation, Dec. 1, 1993Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This article outlines the findings from a study of two very different juvenile restitution programs: a post-adjudication victim-offender mediation program in Elkhart, Indiana, and a pre-adjudication diversion program in Kalamazoo, Michigan. The study...
Evaluation of the Use of Mandatory Divorce Mediation
Thoennes, Nancy; Pearson, Jessica; Bell, Julie. Sep. 30, 1991Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: A study was conducted between 1988 and 1989 of a mandatory pilot program for divorce cases in Monroe County, Indiana. The study randomly assigned cases to mediation or the traditional track. 124 parents were interviewed after completing the process a...
Contacts
Indiana Mortgage Foreclosure Trial Court Assistance Project
Indiana Division of State Court Administration and Indiana Housing and Community Development Authority. Apr. 20, 2010Resource Type: Program
Abstract: The project is a partnership between the Indiana Division of State Court Administration and the Indiana Housing and Community Development Authority. Under the project, local coordinators will work with facilitators, pro bono attorneys, lenders and ho...
Marion County, Indiana, Prosecutor's Office Conflict Resolution Services
Marion County, Indiana, Prosecutor's Office. Mar. 1, 2002Resource Type: Program
Abstract: The Marion County, Indiana, Prosecutor's Office provides multiple conflict resolution services, including a community mediation program for neighborhood disputes, a mediation program that handles cases through the county's Juvenile Court, and a commu...
Indiana Association of Mediators
Indiana Association of Mediators. Jan. 1, 1992Resource Type: Organization
Abstract: The Indiana Association of Mediators provides trainings, workshops and other resources for mediators in the state. Its website features information about mediation, past IAM newsletters, and a list of active members....
Indiana Commission for Continuing Legal Education
Indiana Supreme Court.Resource Type: Organization
Abstract: The Indiana Commission for Continuing Legal Education's goal is to to "enhance the quality of legal services and professionalism in Indiana through administering, developing and regulating continuing legal education requirements, mediation training s...
U.S. Court of Appeals for the 7th Circuit Settlement Conference Program
7th Circuit U.S. Court of Appeals .Resource Type: Program
Abstract: This site contains information and rules on the 7th Circuit Court of Appeals' Settlement Conference Program, as well as contact information for the program administrators and other information. This program, in accordance with Federal Rule of Appella...