Sec. 16. A mediator for a proceeding under this chapter shall:

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

Terms Used In Indiana Code 4-21.5-3.5-16

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
(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.

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