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.

Terms Used In Indiana Code 4-21.5-3.5-18

  • 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
  • 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) The factors considered in arriving at a settlement posture.

(3) The settlement negotiations to date.

     (b) A confidential statement under this section may be supplemented by exhibits or evidence that must be made available to the opposing party or the opposing party’s counsel at least five (5) days before the mediation conference.

     (c) A confidential statement is privileged and confidential unless an agreement by the parties to the contrary is provided to the mediator.

     (d) If the mediation process does not result in settlement, any submitted confidential statement must be returned to the submitting attorney or party.

     (e) Notwithstanding IC 4-21.5-4-6, the following are not public records or part of the agency record, gathered by the mediator in the course of mediation, in a proceeding:

(1) A confidential statement.

(2) Exhibits.

(3) Evidence.

(4) Other information.

(5) Draft settlement documents.

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

  Previous section
Next section  
 Chapter 3.5 Contents