4-21.5-3.5-16. Duties of Mediator
Sec. 16. 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 […]
4-21.5-3.5-17. Individuals Present at Mediation
Sec. 17. (a) The parties and their attorneys, if any, must be present at any mediation session unless otherwise agreed. A mediator may allow nonparties to the dispute to be present at a mediation session if the parties agree. (b) All parties, attorneys with settlement authority, representatives with settlement authority, and necessary individuals must be […]
4-21.5-3.5-18. Confidential Statements; Nonpublic Records
Sec. 18. (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 […]
4-21.5-3.5-19. Mediator Meetings With Parties
Sec. 19. In the mediation process, the mediator may meet jointly or separately with the parties and may express an evaluation of the proceeding to one (1) or more parties or their representatives. This evaluation may be expressed in the form of settlement ranges rather than exact amounts. The mediator may share revealed settlement authority […]
4-21.5-3.5-20. Termination of Mediation
Sec. 20. (a) As soon after mediation as practicable, the mediator shall report to the administrative law judge that the mediation process has been completed, terminated, or extended. (b) The mediator shall terminate mediation whenever: (1) the mediator believes that continuation of the process would harm or prejudice one (1) or more of the parties; […]
4-21.5-3.5-21. Failure to Reach Agreement; Requirements for Agreement
Sec. 21. (a) If the parties do not reach an agreement on any matter as a result of mediation, the mediator shall report the lack of an agreement without comment or recommendation to the administrative law judge assigned to the proceeding. With the consent of the parties, the mediator’s report may also identify any pending […]
4-21.5-3.5-22. Ability to Mediate Subsequent Disputes
Sec. 22. A person who has served as a mediator in a proceeding may act as a mediator in subsequent disputes between the parties, and the parties may provide for a review of the agreement with the mediator on a periodic basis. However, the mediator shall decline to act in any capacity, except as a […]
4-21.5-3.5-23. Conflicts of Interest
Sec. 23. A mediator is required to use an effective system to identify potential conflict of interest at the time of appointment to a proceeding as a mediator. The mediator may not subsequently act as an investigator or make any recommendations regarding the mediated proceeding. A person may not serve as an administrative law judge […]
4-21.5-3.5-24. Rules of Evidence Do Not Apply
Sec. 24. With the exception of privileged communications, the rules of evidence do not apply to mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible. As added by P.L.16-1996, SEC.1.
4-21.5-3.5-25. Limitation of Discovery
Sec. 25. Whenever possible, parties to a proceeding are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. By agreement of the parties, or as ordered by the administrative law judge, discovery may be deferred during mediation. As added by P.L.16-1996, SEC.1.