Monday, December 10, 2007

Indiana Court Ordered Mediation

I wrote before about the Indiana statute allowing for a mediation/alternate dispute fund for our courts. Indiana's family code contains several statutes giving the court power to order mediation.

Indiana's General Assembly provided for mediation in divorce/dissolution of marriage cases (IC 31-15-9.4), Support of children and other dependents cases (IC 31-16-6.4), custody and parenting time/visitation cases (IC 31-17-2.4), and paternity cases (Indiana Code 31-17-2.4). They all follow the same format as below (which is the statute under the Article for paternity cases):

Indiana Code 31-17-2.4:

"IC 31-17-2.4-1 Factors in determination Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider: (1) the ability of the parties to pay for the mediation services; and (2) whether mediation is appropriate in helping the parties resolve their disputes. As added by P.L.199-1997, SEC.3."

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