This is about mediation of divorce issues in Indiana, including when and whether mediation is mandatory, who pays for it, and the required credentials for mediators for divorce issues in Indiana.
- Is mediation mandatory? When?
- Who pays for mediation?
- What are the requirements for who can act as mediator?
Is mediation mandatory? When?
Depending on the local rules of the County in which you practice, mediation may be mandatory. According to the Indiana Statute, the Court makes a determination of whether or not the proceeding should be referred to mediation. In making that determination, the Court must consider first the ability of the parties to pay for mediation services and second, whether mediation is appropriate in helping the parties their disputes. According to the new Indiana Parenting Time Guidelines, which became effective March 31, 2001, when a disagreement occurs regarding parenting time in the requirements of the guidelines, both parents must make an effort to discuss the options, including mediation, in an attempt to resolve the dispute before going to court. If a court action is initiated, the parents shall enter into mediation unless otherwise ordered by the Court.
Who pays for mediation?
In general the parties would split the cost of mediation, unless the parties agree otherwise in a mediation process.
What are the requirements for who can act as mediator?
In a family law case, the mediator does not need to be a licensed attorney or an attorney who has met the family law mediation certification requirements. The mediator can be a counselor. According to the rules for alternative dispute resolution, the parties can choose a mediator from the commission’s registry or agree upon a non-registered mediator.
Other issues in Indiana: