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• Alternative Dispute Resolution (ADR)

To resolve complaints of discrimination based on Race, Color, National origin or ancestry, Sex, Disability, Religion Familiar status (in housing) or Retaliation

In accordance with its statutory obligation, the Indiana Civil Rights Commission (ICRC) invites the parties involved in discrimination complaints to resolve their disagreements through mediation. This method of dispute resolution has been successful in dealing with domestic disputes as well as international conflicts.

Some Commonly Asked Questions About Mediations:

WHAT IS MEDIATION?

Mediation is a process in which an impartial third party assists the parties in resolving their dispute. The mediation typically:

• Invites the parties to the dispute to discuss the problem;
• Empowers the parties by facilitating problem solving, brainstorming and mutual understanding;
• Facilitates the development of mutually-acceptable agreements;
• Works to reduce hostilities and improve communications; and
• Encourages cooperation and respect in an informal and creative atmosphere.

WHAT ARE THE ADVANTAGES OF MEDIATION?

Mediation has advantages over other forms of dispute resolution. Mediation:

• Allows the parties to get different views and perspectives;
• Clarifies the issues causing the disagreement;
• Stimulates problem solving;
• Provides the parties an uninterrupted opportunity to present their point of view;
• Helps individuals focus on what they have in common rather than on the issues dividing them;
• Fosters the rebuilding of a damaged relationship;
• Enables parties to retain decision making authority, keeping it out of the hands of the third parties;
• Helps resolve conflicts in an informal, expeditious, and a cost effective manner; and
• Allows parties to tailor a creative solution to their dispute.

WHAT IS THE ROLE OF THE PARTIES?

Mediation is voluntary. However both parties must agree to mediate. Unless both parties agree to use the mediation process as a way to help resolve their disagreement, mediation cannot occur. Mediation is most successful when parties:

• Approach mediation in good faith and with an open mind;
• Be willing to listen and to consider all aspects of the issues;
• Be active participants in mediation; and
• Develop the terms of the settlement agreement with the assistance of the mediator.

Your case may be assigned to a member of the Commission's Alternative Dispute Resolution (ADR) Team. The members of this team have successfully completed specialized training in mediations. All mediators used by ICRC have these qualifications:

• Ability to maintain confidentiality and objectivity;
• Excellent communication skills;
• Knowledge of the laws under which ICRC complaints are filed.

DO I NEED A LAWYER?

You may retain a lawyer or representative, but one is not required. You are free to consult such a representative at any time.

WHAT IF MEDIATION DOES NOT RESULT IN A SETTLEMENT?

If the parties are unable to reach a satisfactory solution, the complaint of discrimination will be assigned to the commission's investigative unit for further processing. The mediator will have no further contact with the handling of the complaint, and no information from the mediation will be included in the investigative file or shared with staff assigned to the case.

WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND INVESTIGATION?

Mediation seeks a voluntary resolution of the dispute by the parties, without deciding the merits of the case.

Investigation is a longer process and results in a decision on the merits of the complaint. Its purpose is to determine if there is enough evidence to prove discrimination.

A decision not to mediate a case, or a mediation session which does not result in settlement, does not impact the case as it goes through the investigation process.

HOW CAN I LEARN MORE?

If you filed a complaint of discrimination with ICRC, or if a complaint has been filed against you, your company or organization, and you wish to consider mediation, our ADR Director can assist you. For additional information;

Indiana Civil Rights Commission
100 N. Senate Avenue, Room N103
Indianapolis, Indiana 46204-2211

• File a Complaint
• Order a Brochure

More Online Services »

1. Learn more about Alternative Dispute Resolution (ADR)
2. File a complaint with the Indiana Civil Rights Commission.
3. Order a brochure.
4. Find out more information about the Martin Luther King Jr. Statewide Celebration.
5. Find out more about volunteer opportunities.