Sec. 5. (a) If a proceeding is of a type that has been identified as appropriate for alternative dispute resolution under section 2 of this chapter, the administrative law judge assigned to the proceeding may, on the administrative law judge’s own motion or upon motion of any party, select the proceeding for mediation.

     (b) Not more than fifteen (15) days after an order of selection for mediation, a party may object by filing a written objection specifying the grounds. The administrative law judge shall promptly consider an objection to mediation and any response to the objection and shall reconsider whether the proceeding is appropriate for mediation.

     (c) In considering an order for mediation under this section, the administrative law judge shall consider:

(1) the willingness of the parties to mutually resolve their dispute;

(2) the ability of the parties to participate in the mediation process;

(3) the need for discovery and the extent to which it has been conducted; and

(4) any other factors that affect the potential for fair resolution of the dispute through the mediation process.

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