Sec. 15. (a) This section applies if a
claim is settled through negotiation, mediation, or arbitration.
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Terms Used In Indiana Code 32-25-8.5-15
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- claim: refers to any of the following:
Indiana Code 32-25-8.5-3
- legal proceedings: refers to either of the following:
Indiana Code 32-25-8.5-6
- party: refers to any of the following:
Indiana Code 32-25-8.5-7
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The settlement of the claim must be documented in a written agreement signed by each of the parties.
(c) If a party fails to abide by the settlement agreement signed under subsection (b), the other party may begin legal proceedings without again complying with this chapter.
(d) If a party who begins legal proceedings under subsection (c) prevails in those legal proceedings, the party is entitled to recover from the other party:
(1) court costs;
(2) attorney‘s fees; and
(3) all other reasonable costs incurred in enforcing the settlement agreement.
As added by P.L.141-2015, SEC.5.