CHAPTER 5. FAMILY LAW ARBITRATION
IC 34-57-5
Chapter 5. Family Law Arbitration
IC 34-57-5-1
Applicability of chapter
Sec. 1. (a) This chapter is applicable only to the family lawmatters described in section 2 of this chapter and does not apply toany other type of arbitration. An appellate court opinion interpretingor construing this chapter has precedential value only for family lawarbitrations and does not apply to any other type of arbitration.
(b) This chapter is applicable only to an action in which eachparty is:
(1) represented by an attorney; or
(2) pro se.
This chapter does not apply if one (1) party is represented by anattorney and the other party is pro se.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-2
Family law arbitration authorized; family law arbitrationprocedures
Sec. 2. (a) In an action:
(1) for the dissolution of a marriage;
(2) to establish:
(A) child support;
(B) custody; or
(C) parenting time; or
(3) to modify:
(A) a decree;
(B) a judgment; or
(C) an order;
entered under IC 31;
both parties may agree in writing to submit to arbitration by a familylaw arbitrator.
(b) If the parties file an agreement with a court to submit toarbitration, the parties shall:
(1) identify an individual to serve as a family law arbitrator; or
(2) indicate to the court that they have not selected a family lawarbitrator.
(c) Each court shall maintain a list of attorneys who are:
(1) qualified; and
(2) willing to be appointed by the court;
to serve as family law arbitrators.
(d) If the parties indicate that they have not selected a family lawarbitrator under subsection (b)(2), the court shall designate three (3)attorneys from the court's list of attorneys under subsection (c). Theparty initiating the action shall strike one (1) attorney, the other partyshall strike one (1) attorney, and the remaining attorney is the familylaw arbitrator for the parties.
(e) In a dissolution of marriage case, the written agreement to
submit to arbitration must state that both parties confer jurisdictionon the family law arbitrator to dissolve the marriage and todetermine:
(1) child support, if there is a child of both parties to themarriage;
(2) custody, if there is a child of both parties to the marriage;
(3) parenting time, if there is a child of both parties to themarriage; or
(4) any other matter over which a trial court would havejurisdiction concerning family law.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-3
Validity of family law arbitration agreement
Sec. 3. Unless both parties agree in writing to repudiate theagreement, an agreement to submit to arbitration by a family lawarbitrator under this chapter is:
(1) valid;
(2) irrevocable; and
(3) enforceable;
until the judgment is entered in the matter in which arbitration hastaken place.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-4
Residency requirements
Sec. 4. For arbitration to take place under this chapter, at least one(1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation in Indiana;
for at least six (6) months immediately preceding the filing of thepetition or cause of action.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-5
Guidelines
Sec. 5. (a) A family law arbitrator shall comply with the:
(1) child support; and
(2) parenting time;
guidelines adopted by the Indiana supreme court in family lawarbitration if there is a child of both parties to the marriage.
(b) Before assuming the duties of a family law arbitrator, a familylaw arbitrator must take an oath to:
(1) faithfully perform the duties of the family law arbitrator;and
(2) support and defend to the best of the family law arbitrator'sability the constitution and laws of Indiana and the UnitedStates.
(c) The family law arbitrator shall sign a written copy of the oathdescribed in subsection (b) and submit the signed copy to the court.As added by P.L.112-2005, SEC.2.
IC 34-57-5-6
Record of proceeding
Sec. 6. (a) A record of the proceeding in family law arbitrationmay be requested by either party if written notice is given to thefamily law arbitrator not more than fifteen (15) days after the familylaw arbitrator has been selected.
(b) Written notice under subsection (a) must specify the requestedmanner of recording and preserving the transcript.
(c) The family law arbitrator may select a person to record anyproceedings and to administer oaths.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-7
Written findings of fact and conclusions of law
Sec. 7. (a) Except as provided in subsection (b), the family lawarbitrator shall make written findings of fact and conclusions of lawnot later than thirty (30) days after the hearing.
(b) If both parties consent, the period for the family law arbitratorto make written findings of fact and conclusions of law may beextended to ninety (90) days after the hearing.
(c) The family law arbitrator shall send a copy of the writtenfindings of fact and conclusions of law to:
(1) all parties participating in the arbitration; and
(2) the court.
(d) After the court has received a copy of the findings of fact andconclusions of law, the court shall enter:
(1) judgment; and
(2) an order for an entry on the docket regarding the judgment.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-8
Division of property in dissolution of marriage
Sec. 8. (a) In a dissolution of marriage case, the family lawarbitrator shall:
(1) divide the property of the parties, regardless of whether theproperty was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one(1) of the parties and requiring either party to pay an amount,either in gross or in installments, that is just and proper;
(C) ordering the sale of the property under the conditions thefamily law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described inIC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payableafter the dissolution of marriage, by setting aside to either ofthe parties a percentage of those payments either byassignment or in kind at the time of receipt.
(b) The division of marital property under this section mustcomply with IC 31-15-7-5.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-9
Summary dissolution decrees in dissolution of marriage
Sec. 9. In a dissolution of marriage case, at least sixty (60) daysafter the petition or cause of action is filed, the family law arbitratormay enter a summary dissolution decree without holding a hearingif verified pleadings have been filed with the family law arbitrator,signed by both parties, containing:
(1) a written waiver of hearing; and
(2) either:
(A) a statement that there are no contested issues in theaction; or
(B) a written agreement made in accordance withIC 31-15-2-7 that settles any contested issues between theparties.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-10
Award modification after written findings of fact and conclusionsof law are made
Sec. 10. A family law arbitrator may modify an award aftermaking written findings of fact and conclusions of law if:
(1) a party makes a fraudulent misrepresentation during thearbitration;
(2) the family law arbitrator is ordered to modify the award onremand; or
(3) both parties consent to the modification.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-11
Appeals
Sec. 11. An appeal may be taken after the entry of judgment undersection 7(d) of this chapter as may be taken after a judgment in acivil action.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-12
Family law arbitrator fees
Sec. 12. (a) Except as provided in subsection (b), fees for thefamily law arbitrator shall be shared equally by both parties unlessotherwise agreed in writing. (b) The family law arbitrator may order a party to pay:
(1) a reasonable amount for the cost to the other party of:
(A) maintaining; or
(B) defending;
any proceeding under this chapter; and
(2) attorney's fees, including:
(A) amounts for legal services provided; and
(B) costs incurred:
(i) before the commencement of the proceedings; or
(ii) after entry of judgment.
(c) Fees for the family law arbitrator shall be paid not later thanthirty (30) days after the court enters judgment.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-13
Application of Indiana Supreme Court Rules for AlternativeDispute Resolution
Sec. 13. The Indiana Supreme Court Rules for Alternative DisputeResolution apply to family law arbitration in all matters not coveredby this chapter.
As added by P.L.112-2005, SEC.2.