CHAPTER 3. COMMUNITY DISPUTE RESOLUTION
IC 34-57-3
Chapter 3. Community Dispute Resolution
IC 34-57-3-1
Applicability of chapter
Sec. 1. This chapter applies to the following disputes:
(1) A criminal offense that a prosecuting attorney has referredto a community dispute resolution center under a diversionprogram under IC 33-39-1-8.
(2) A civil action that has been filed and referred by the courtto a dispute resolution program for alternative disputeresolution under IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, inwhich the parties voluntarily submit to community disputeresolution without filing an action in court.
As added by P.L.1-1998, SEC.53. Amended by P.L.98-2004,SEC.138.
IC 34-57-3-2
Centers program; establishment; powers and duties of chiefjustice; annual contribution from attorneys
Sec. 2. (a) The community dispute resolution centers program isestablished.
(b) The chief justice of Indiana shall do the following to the extentthat sufficient funds are available:
(1) Administer and supervise the program.
(2) Select centers to receive funding from applications that aresubmitted under this chapter.
(3) Distribute funds for the establishment and continuance ofcenters on the basis of need in the community.
(4) Adopt rules that are necessary to carry out the purposes ofthis chapter and IC 34-57-4.
(c) The chief justice of Indiana, subject to the approval of thebudget agency, may hire the personnel necessary to administer theprogram.
(d) The Indiana supreme court may collect an annual voluntarycontribution in the amount of twenty-five dollars ($25) from eachattorney admitted to practice before the Indiana supreme court. Themoney collected from the voluntary contributions shall be used forthe program.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-3
Applications for funding; required information
Sec. 3. Applications submitted for funding under this chapter mustinclude the following information:
(1) The cost of operating each of the proposed centers,including the proposed compensation of employees.
(2) A description of the proposed area of service and thenumber of participants expected to be served. (3) A description of available dispute resolution services andfacilities within the proposed geographical area.
(4) A description of the applicant's proposed services, includinga description of the following:
(A) Support of civic groups, social service agencies, andcriminal justice agencies to accept and make referrals.
(B) The present availability of resources.
(C) The applicant's administrative capacity.
(5) Additional information required by the chief justice ofIndiana.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-4
Eligibility of centers for funds; requirements
Sec. 4. To be eligible for funds under this chapter, a center mustdo the following:
(1) Comply with this chapter and the rules adopted by the chiefjustice of Indiana.
(2) Provide neutral mediators who have received training inconflict resolution techniques as specified under rules adoptedby the chief justice of Indiana.
(3) Provide dispute resolution without cost to a participant whois indigent and at nominal or no cost to other participants.
(4) Provide dispute resolution services to the community forparties who participate on a voluntary basis.
(5) Ensure that any arbitration services offered by the center arein compliance with IC 34-57-2.
(6) At the conclusion of the dispute resolution process do thefollowing, if an agreement is reached:
(A) Provide a written agreement or decision setting forth thesettlement of the issues and future responsibilities of eachparticipant.
(B) If the matter was referred by the court for disputeresolution after a cause was filed, provide a writtenagreement or decision to the court that made the referral.
(C) If the matter was referred by a prosecuting attorney fordispute resolution, provide a written agreement or decisionto the prosecuting attorney that made the referral.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-5
Operation of center receiving funds; requisites
Sec. 5. Each center that receives funds under this chapter must:
(1) be operated by a grant recipient;
(2) be operated under a contract with the chief justice ofIndiana; and
(3) comply with this chapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-6 Allocation of funds to centers for services provided
Sec. 6. (a) Funds available for the purposes of this chapter may beallocated for services provided by eligible centers.
(b) A center in existence before July 1, 1992, may apply for fundsavailable under this chapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-7
Administration of funds
Sec. 7. The chief justice of Indiana may accept, apply for, anddisburse public or private funds for the purposes of this chapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-8
Acceptance of public or private funds by grant recipient; audit;facilities
Sec. 8. (a) A grant recipient may accept funds from public orprivate sources for the services provided by the grant recipient.
(b) The state board of accounts, the chief justice of Indiana, or anauthorized representative of the state board of accounts or the chiefjustice of Indiana may inspect, examine, and audit the fiscal affairsof local programs or centers.
(c) Centers must, whenever reasonably possible, make use ofpublic facilities free or at nominal cost.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-9
Center not a state agency
Sec. 9. A center operated under this chapter is not a state agencyor an instrumentality of the state. Employees and volunteers of acenter are not employees of the state.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-10
Applicability of IC 34-57-2
Sec. 10. IC 34-57-2 applies to arbitration conducted under thischapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-11
Subpoena or discovery powers or admissible evidence inproceedings; limitations
Sec. 11. (a) Except as provided in subsection (c), the followingare not subject to subpoena or discovery or admissible in evidence inany judicial or administrative proceeding:
(1) All work product of a mediator.
(2) Any communication relating to the subject matter of thedispute made during the resolution process by a participant,mediator, or other person present at the dispute resolution.
(b) A mediator or a staff member of a center may not be
compelled to testify in a judicial or an administrative proceedingwith respect to a dispute that has been referred to a center for disputeresolution.
(c) Subsection (a) does not apply to a written agreement ordecision provided to the participants, the court, or a prosecutingattorney under section 4(6) of this chapter (or IC 34-4-2.5-9(b)before its repeal).
As added by P.L.1-1998, SEC.53.
IC 34-57-3-12
Reporting by center to chief justice
Sec. 12. A center that receives funds under the program mustannually provide the chief justice of Indiana with statistical data andother information that the chief justice of Indiana requires.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-13
Annual report to governor and general assembly
Sec. 13. The chief justice of Indiana shall prepare and submit anannual report to the governor and the general assembly that evaluatesand makes recommendations concerning the operation and successof the centers funded under this chapter. A report submitted underthis section to the general assembly must be in an electronic formatunder IC 5-14-6.
As added by P.L.1-1998, SEC.53. Amended by P.L.28-2004,SEC.175.
IC 34-57-3-14
Trial de novo; filing of motion with referring court
Sec. 14. Section 1(2) of this chapter does not prohibit a personwho has been referred by the court to a dispute resolution programfrom filing a motion with the referring court for a trial de novo.
As added by P.L.1-1998, SEC.53.
IC 34-57-3-15
Statute of limitations; applicability
Sec. 15. (a) This section applies to a dispute described in section1(3) of this chapter.
(b) Except as provided under subsection (c), the running of astatute of limitation ceases to run after the time:
(1) arbitration is initiated under IC 34-57-2-2 (or IC 34-4-2-2before its repeal); or
(2) the parties sign an agreement to mediate.
(c) The statute of limitation resumes running after the earlier ofthe following:
(1) The date the parties enter into a written agreement undersection 4(6) of this chapter (or IC 34-4-2.5-9(6) before itsrepeal).
(2) Six (6) months after the date that the statute of limitationwas suspended under subsection (b) (or IC 34-4-2.5-20(b)
before its repeal).
As added by P.L.1-1998, SEC.53.