Ind. Marion Cnty. Civ. Local Rule LR49-ADR2-209

A. Case selection shall be governed by A.D.R. Rule 2.2.

B. Mediator selection shall be governed by A.D.R. Rule 2.4. Mediators approved by the Indiana

Supreme Court Commission for Continuing Legal Education shall be entered into the Court's

computer system. If the parties are unable to select a mediator by agreement pursuant to A.D.R.

Rule 2.4, the Court will generate a list of three mediators by random selection through the

computer.

C. The parties shall have ten days to strike from the panel of mediators named by the Court. The

party that initiated the cause of action shall strike first. If the parties fail to strike within ten days,

the Court shall select a mediator. Upon selection of the mediator, counsel for the party that

initiated the litigation shall submit a proposed order appointing the mediator selected in the case.

D. During the entire mediation process, the lawsuit shall remain on the Court's docket.

E. Absent an agreement by the parties or unless otherwise ordered by the Court the fees and

expenses associated with the mediation shall be shared equally by the parties unless good cause

can be shown by a party why an equal division of the fees should not be ordered. In the case of

team mediation, the fee is to be split between the mediators as the co-mediators are to be treated

as a unit.

F. The mediator and the parties shall make a good faith effort to complete the mediation process

within sixty (60) days from the date of the Order to engage in mediation. In the event that the

mediation process is not completed within this time, the mediator shall file a status report with

the Court setting forth the projected date of completion.

G. Within 24 hours prior to the scheduled mediation conference or such other time as the

mediator declares, the parties shall submit to the mediator a Confidential Mediation Statement.

Such statement shall include, without limitation, a brief recitation of: (a) the facts relevant to the

dispute; (b) the amount in controversy or other relief requested; (c) the progress of the litigation

to date; (d) the status of negotiations; and (e) the factors, including factual and legal contentions

as to both liability and damages, which have been considered or relied upon in arriving at the

current settlement posture.

H. All parties, attorneys with settlement authority, representatives with settlement authority, and

other necessary individuals shall be present at each mediation conference to facilitate settlement

of a dispute unless excused by the court or by stipulation of the parties.

I. After the conclusion of the mediation, the mediator will have fifteen days to prepare and send

his or her bill to the parties. The parties shall have 15 days thereafter to pay the mediator. If the

mediator’s bill is not paid within 30 days after the close of mediation, the mediator may file a bill

with the Court and it shall be reduced to judgment unless objected to by one of the parties within

ten days after the filing of the bill with the Court.

Mandatory Mediation

A. Civil Jury Trials. All cases where a timely demand for jury trial is made, mediation pursuant

to A.D.R. Rule 2 and subsection A herein is mandatory. Mediation is to be completed 60 days

prior to trial, unless the mediation referral is vacated for good cause shown. Objections to

mediation may be made within 15 days of the completion of the case management conference

required by Rule 16.1(A).

B. Post-Decree Domestic Litigation. Parties must submit post-decree child related issues to

mediation prior to presenting such issues to the Court for hearing, unless this rule is waived for

good cause shown.

C. Pro Bono Mediation Services. All mediators maintained on the Court's approved Civil and

Domestic Mediation list shall, upon request from any Judge of this Court, serve as a pro bono

mediator for at least one (1) case per calendar year.

D. Any litigant affected by this mandatory mediation order may qualify for pro bono mediation

services upon good cause shown, pursuant to criteria established by the Presiding Judges of the

Court.