Indiana Code 32-25-8.5-15. Settlement of claim through negotiation, mediation, or arbitration; legal proceedings; recovery of costs
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Sec. 15. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration.
(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.
(b) The settlement of the claim must be documented in a written agreement signed by each of the parties.
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.
(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.