IC 33-23-6
    Chapter 6. Circuit Court and Superior Court Domestic RelationsAlternative Dispute Resolution

IC 33-23-6-1
Alternative dispute resolution fee
    Sec. 1. (a) In addition to the fees required under IC 33-37-4-4, ifa county meets the requirements of this chapter, the clerk of the courtshall collect from the party filing a petition for legal separation,paternity, or dissolution of marriage under IC 31 an alternativedispute resolution fee of twenty dollars ($20).
    (b) Not later than thirty (30) days after the clerk collects a feeunder subsection (a), the clerk shall forward to the county auditor thealternative dispute resolution fee. The county auditor shall depositthe fee forwarded by the clerk under this section into the alternativedispute resolution fund.
As added by P.L.98-2004, SEC.2.

IC 33-23-6-2
Alternative dispute resolution fund; copayment for services;prohibition on mediation
    Sec. 2. (a) In each county participating in the program under thischapter, there is established an alternative dispute resolution fund foreach of the following:
        (1) The circuit court.
        (2) The superior court.
        (3) The probate court established by IC 33-31-1.
    (b) Notwithstanding subsection (a), if more than one (1) courtexercises jurisdiction over domestic relations and paternity cases ina county, one (1) alternative dispute resolution fund may beestablished to be used by all the courts to implement this chapter if:
        (1) the:
            (A) county auditor; and
            (B) judge of each court that exercises jurisdiction overdomestic relations and paternity cases in the county;
        agree to establish one (1) fund; and
        (2) the agreement to establish the fund is included in the planadopted by the county under section 3 of this chapter.
    (c) The sources of money for each fund established undersubsection (a) or (b) are:
        (1) the alternative dispute resolution fee collected under section1 of this chapter for the circuit court, superior court, or probatecourt, respectively; and
        (2) copayments collected under subsection (d) if:
            (A) a county chooses to deposit the copayments into thefund; and
            (B) the county specifies in the plan adopted by the countyunder section 3 of this chapter that the copayments will bedeposited in the fund.
    (d) The funds shall be used to foster domestic relations alternative

dispute resolution, including:
        (1) mediation;
        (2) reconciliation;
        (3) nonbinding arbitration; and
        (4) parental counseling.
Litigants referred by the court to services covered by the fund shallmake a copayment for the services in an amount determined by thecourt based on the litigants' ability to pay. The fund shall beadministered by the circuit, superior, or probate court that exercisesjurisdiction over domestic relations and paternity cases in the county.A fund used by multiple courts under subsection (b) shall beadministered jointly by all the courts using the fund. Money in eachfund at the end of a fiscal year does not revert to the county generalfund but remains in the fund for the uses specified in this section.
    (e) Each circuit, superior, or probate court that administers analternative dispute resolution fund shall ensure that money in thefund is disbursed in a manner that primarily benefits those litigantswho have the least ability to pay, in accordance with the plan adoptedby the county under section 3 of this chapter.
    (f) A court may not order parties into mediation or refer parties tomediation if a party is currently charged with or has been convictedof a crime:
        (1) under IC 35-42; or
        (2) in another jurisdiction that is substantially similar to theelements of a crime described in IC 35-42.
As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1.

IC 33-23-6-3
Plan; judicial approval
    Sec. 3. (a) A county desiring to participate in the program underthis chapter must:
        (1) develop a plan to carry out the purposes of section 2 of thischapter that is approved by a majority of the judges in thecounty exercising jurisdiction over domestic relations andpaternity cases; and
        (2) submit the plan to the judicial conference of Indiana.
    (b) The plan under subsection (a) must include:
        (1) information concerning how the county proposes to carryout the purposes of the domestic relations alternative disputeresolution fund as set out in section 2 of this chapter; and
        (2) a method of ensuring that the money in the alternativedispute resolution fund is disbursed in a manner that primarilybenefits those litigants who have the least ability to pay.
The plan may include the use of senior judges as mediators indomestic relations cases as assigned by the supreme court. Thejudicial conference of Indiana may request additional informationfrom the county as necessary.
As added by P.L.98-2004, SEC.2.

IC 33-23-6-4 Annual report
    Sec. 4. A county that participates in the program under thischapter shall submit a report to the judicial conference of Indiana notlater than December 31 of each year summarizing the results of theprogram.
As added by P.L.98-2004, SEC.2.