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 referred
to a community dispute resolution center under a diversion
program under IC 33-39-1-8.
(2) A civil action that has been filed and referred by the court
to a dispute resolution program for alternative dispute
resolution under IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, in
which the parties voluntarily submit to community dispute
resolution 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 chief
justice; annual contribution from attorneys
Sec. 2. (a) The community dispute resolution centers program is
established.
(b) The chief justice of Indiana shall do the following to the extent
that sufficient funds are available:
(1) Administer and supervise the program.
(2) Select centers to receive funding from applications that are
submitted under this chapter.
(3) Distribute funds for the establishment and continuance of
centers on the basis of need in the community.
(4) Adopt rules that are necessary to carry out the purposes of
this chapter and IC 34-57-4.
(c) The chief justice of Indiana, subject to the approval of the
budget agency, may hire the personnel necessary to administer the
program.
(d) The Indiana supreme court may collect an annual voluntary
contribution in the amount of twenty-five dollars ($25) from each
attorney admitted to practice before the Indiana supreme court. The
money collected from the voluntary contributions shall be used for
the 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 must
include 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 the
number of participants expected to be served.
(3) A description of available dispute resolution services and
facilities within the proposed geographical area.
(4) A description of the applicant's proposed services, including
a description of the following:
(A) Support of civic groups, social service agencies, and
criminal 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 of
Indiana. 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 must
do the following:
(1) Comply with this chapter and the rules adopted by the chief
justice of Indiana.
(2) Provide neutral mediators who have received training in
conflict resolution techniques as specified under rules adopted
by the chief justice of Indiana.
(3) Provide dispute resolution without cost to a participant who
is indigent and at nominal or no cost to other participants.
(4) Provide dispute resolution services to the community for
parties who participate on a voluntary basis.
(5) Ensure that any arbitration services offered by the center are
in compliance with IC 34-57-2.
(6) At the conclusion of the dispute resolution process do the
following, if an agreement is reached:
(A) Provide a written agreement or decision setting forth the
settlement of the issues and future responsibilities of each
participant.
(B) If the matter was referred by the court for dispute
resolution after a cause was filed, provide a written
agreement or decision to the court that made the referral.
(C) If the matter was referred by a prosecuting attorney for
dispute resolution, provide a written agreement or decision
to 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 of
Indiana; 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 be
allocated for services provided by eligible centers.
(b) A center in existence before July 1, 1992, may apply for funds
available 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, and
disburse 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 or
private sources for the services provided by the grant recipient.
(b) The state board of accounts, the chief justice of Indiana, or an
authorized representative of the state board of accounts or the chief
justice of Indiana may inspect, examine, and audit the fiscal affairs
of local programs or centers.
(c) Centers must, whenever reasonably possible, make use of
public 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 agency
or an instrumentality of the state. Employees and volunteers of a
center 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 this
chapter. As added by P.L.1-1998, SEC.53.
IC 34-57-3-11 Subpoena or discovery powers or admissible evidence in
proceedings; limitations
Sec. 11. (a) Except as provided in subsection (c), the following
are not subject to subpoena or discovery or admissible in evidence in
any judicial or administrative proceeding:
(1) All work product of a mediator.
(2) Any communication relating to the subject matter of the
dispute 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 proceeding
with respect to a dispute that has been referred to a center for dispute
resolution.
(c) Subsection (a) does not apply to a written agreement or
decision provided to the participants, the court, or a prosecuting
attorney 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 must
annually provide the chief justice of Indiana with statistical data and
other 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 an
annual report to the governor and the general assembly that evaluates
and makes recommendations concerning the operation and success
of the centers funded under this chapter. A report submitted under
this section to the general assembly must be in an electronic format
under 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 person
who has been referred by the court to a dispute resolution program
from 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 section
1(3) of this chapter.
(b) Except as provided under subsection (c), the running of a
statute of limitation ceases to run after the time:
(1) arbitration is initiated under IC 34-57-2-2 (or IC 34-4-2-2
before its repeal); or
(2) the parties sign an agreement to mediate.
(c) The statute of limitation resumes running after the earlier of
the following:
(1) The date the parties enter into a written agreement under
section 4(6) of this chapter (or IC 34-4-2.5-9(6) before its
repeal).
(2) Six (6) months after the date that the statute of limitation
was suspended under subsection (b) (or IC 34-4-2.5-20(b)
before its repeal). As added by P.L.1-1998, SEC.53.
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 referred
to a community dispute resolution center under a diversion
program under IC 33-39-1-8.
(2) A civil action that has been filed and referred by the court
to a dispute resolution program for alternative dispute
resolution under IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, in
which the parties voluntarily submit to community dispute
resolution 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 chief
justice; annual contribution from attorneys
Sec. 2. (a) The community dispute resolution centers program is
established.
(b) The chief justice of Indiana shall do the following to the extent
that sufficient funds are available:
(1) Administer and supervise the program.
(2) Select centers to receive funding from applications that are
submitted under this chapter.
(3) Distribute funds for the establishment and continuance of
centers on the basis of need in the community.
(4) Adopt rules that are necessary to carry out the purposes of
this chapter and IC 34-57-4.
(c) The chief justice of Indiana, subject to the approval of the
budget agency, may hire the personnel necessary to administer the
program.
(d) The Indiana supreme court may collect an annual voluntary
contribution in the amount of twenty-five dollars ($25) from each
attorney admitted to practice before the Indiana supreme court. The
money collected from the voluntary contributions shall be used for
the 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 must
include 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 the
number of participants expected to be served.
(3) A description of available dispute resolution services and
facilities within the proposed geographical area.
(4) A description of the applicant's proposed services, including
a description of the following:
(A) Support of civic groups, social service agencies, and
criminal 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 of
Indiana. 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 must
do the following:
(1) Comply with this chapter and the rules adopted by the chief
justice of Indiana.
(2) Provide neutral mediators who have received training in
conflict resolution techniques as specified under rules adopted
by the chief justice of Indiana.
(3) Provide dispute resolution without cost to a participant who
is indigent and at nominal or no cost to other participants.
(4) Provide dispute resolution services to the community for
parties who participate on a voluntary basis.
(5) Ensure that any arbitration services offered by the center are
in compliance with IC 34-57-2.
(6) At the conclusion of the dispute resolution process do the
following, if an agreement is reached:
(A) Provide a written agreement or decision setting forth the
settlement of the issues and future responsibilities of each
participant.
(B) If the matter was referred by the court for dispute
resolution after a cause was filed, provide a written
agreement or decision to the court that made the referral.
(C) If the matter was referred by a prosecuting attorney for
dispute resolution, provide a written agreement or decision
to 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 of
Indiana; 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 be
allocated for services provided by eligible centers.
(b) A center in existence before July 1, 1992, may apply for funds
available 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, and
disburse 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 or
private sources for the services provided by the grant recipient.
(b) The state board of accounts, the chief justice of Indiana, or an
authorized representative of the state board of accounts or the chief
justice of Indiana may inspect, examine, and audit the fiscal affairs
of local programs or centers.
(c) Centers must, whenever reasonably possible, make use of
public 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 agency
or an instrumentality of the state. Employees and volunteers of a
center 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 this
chapter. As added by P.L.1-1998, SEC.53.
IC 34-57-3-11 Subpoena or discovery powers or admissible evidence in
proceedings; limitations
Sec. 11. (a) Except as provided in subsection (c), the following
are not subject to subpoena or discovery or admissible in evidence in
any judicial or administrative proceeding:
(1) All work product of a mediator.
(2) Any communication relating to the subject matter of the
dispute 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 proceeding
with respect to a dispute that has been referred to a center for dispute
resolution.
(c) Subsection (a) does not apply to a written agreement or
decision provided to the participants, the court, or a prosecuting
attorney 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 must
annually provide the chief justice of Indiana with statistical data and
other 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 an
annual report to the governor and the general assembly that evaluates
and makes recommendations concerning the operation and success
of the centers funded under this chapter. A report submitted under
this section to the general assembly must be in an electronic format
under 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 person
who has been referred by the court to a dispute resolution program
from 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 section
1(3) of this chapter.
(b) Except as provided under subsection (c), the running of a
statute of limitation ceases to run after the time:
(1) arbitration is initiated under IC 34-57-2-2 (or IC 34-4-2-2
before its repeal); or
(2) the parties sign an agreement to mediate.
(c) The statute of limitation resumes running after the earlier of
the following:
(1) The date the parties enter into a written agreement under
section 4(6) of this chapter (or IC 34-4-2.5-9(6) before its
repeal).
(2) Six (6) months after the date that the statute of limitation
was suspended under subsection (b) (or IC 34-4-2.5-20(b)
before its repeal). As added by P.L.1-1998, SEC.53.
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 referred
to a community dispute resolution center under a diversion
program under IC 33-39-1-8.
(2) A civil action that has been filed and referred by the court
to a dispute resolution program for alternative dispute
resolution under IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, in
which the parties voluntarily submit to community dispute
resolution 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 chief
justice; annual contribution from attorneys
Sec. 2. (a) The community dispute resolution centers program is
established.
(b) The chief justice of Indiana shall do the following to the extent
that sufficient funds are available:
(1) Administer and supervise the program.
(2) Select centers to receive funding from applications that are
submitted under this chapter.
(3) Distribute funds for the establishment and continuance of
centers on the basis of need in the community.
(4) Adopt rules that are necessary to carry out the purposes of
this chapter and IC 34-57-4.
(c) The chief justice of Indiana, subject to the approval of the
budget agency, may hire the personnel necessary to administer the
program.
(d) The Indiana supreme court may collect an annual voluntary
contribution in the amount of twenty-five dollars ($25) from each
attorney admitted to practice before the Indiana supreme court. The
money collected from the voluntary contributions shall be used for
the 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 must
include 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 the
number of participants expected to be served.
(3) A description of available dispute resolution services and
facilities within the proposed geographical area.
(4) A description of the applicant's proposed services, including
a description of the following:
(A) Support of civic groups, social service agencies, and
criminal 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 of
Indiana. 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 must
do the following:
(1) Comply with this chapter and the rules adopted by the chief
justice of Indiana.
(2) Provide neutral mediators who have received training in
conflict resolution techniques as specified under rules adopted
by the chief justice of Indiana.
(3) Provide dispute resolution without cost to a participant who
is indigent and at nominal or no cost to other participants.
(4) Provide dispute resolution services to the community for
parties who participate on a voluntary basis.
(5) Ensure that any arbitration services offered by the center are
in compliance with IC 34-57-2.
(6) At the conclusion of the dispute resolution process do the
following, if an agreement is reached:
(A) Provide a written agreement or decision setting forth the
settlement of the issues and future responsibilities of each
participant.
(B) If the matter was referred by the court for dispute
resolution after a cause was filed, provide a written
agreement or decision to the court that made the referral.
(C) If the matter was referred by a prosecuting attorney for
dispute resolution, provide a written agreement or decision
to 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 of
Indiana; 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 be
allocated for services provided by eligible centers.
(b) A center in existence before July 1, 1992, may apply for funds
available 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, and
disburse 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 or
private sources for the services provided by the grant recipient.
(b) The state board of accounts, the chief justice of Indiana, or an
authorized representative of the state board of accounts or the chief
justice of Indiana may inspect, examine, and audit the fiscal affairs
of local programs or centers.
(c) Centers must, whenever reasonably possible, make use of
public 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 agency
or an instrumentality of the state. Employees and volunteers of a
center 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 this
chapter. As added by P.L.1-1998, SEC.53.
IC 34-57-3-11 Subpoena or discovery powers or admissible evidence in
proceedings; limitations
Sec. 11. (a) Except as provided in subsection (c), the following
are not subject to subpoena or discovery or admissible in evidence in
any judicial or administrative proceeding:
(1) All work product of a mediator.
(2) Any communication relating to the subject matter of the
dispute 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 proceeding
with respect to a dispute that has been referred to a center for dispute
resolution.
(c) Subsection (a) does not apply to a written agreement or
decision provided to the participants, the court, or a prosecuting
attorney 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 must
annually provide the chief justice of Indiana with statistical data and
other 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 an
annual report to the governor and the general assembly that evaluates
and makes recommendations concerning the operation and success
of the centers funded under this chapter. A report submitted under
this section to the general assembly must be in an electronic format
under 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 person
who has been referred by the court to a dispute resolution program
from 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 section
1(3) of this chapter.
(b) Except as provided under subsection (c), the running of a
statute of limitation ceases to run after the time:
(1) arbitration is initiated under IC 34-57-2-2 (or IC 34-4-2-2
before its repeal); or
(2) the parties sign an agreement to mediate.
(c) The statute of limitation resumes running after the earlier of
the following:
(1) The date the parties enter into a written agreement under
section 4(6) of this chapter (or IC 34-4-2.5-9(6) before its
repeal).
(2) Six (6) months after the date that the statute of limitation
was suspended under subsection (b) (or IC 34-4-2.5-20(b)
before its repeal). As added by P.L.1-1998, SEC.53.
