SUPREME COURT OF INDIANA
Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state, the following guidelines for pre-suit mediation are adopted as part of the Rules of Alternative Dispute Resolution:
Re: Claimant v. ABC Co.
Please accept this letter as a request for pre-suit mediation of the above-referenced matter in
accordance with the guidelines suggested in the Indiana State Bar Association's Pre-Suit Mediation
Program. A copy of the guidelines is enclosed for reference.
If you agree to pre-suit mediation of this matter, please contact me so that we can select a
mediator and enter into a pre-suit mediation agreement.
Very truly yours,
1. ________________________ will act as the mediator and will be compensated at the total hourly
rate of $ ______________. Each party is responsible for paying one-half of the mediator's fees and
expenses unless otherwise agreed by the parties prior to or during mediation.
2. The mediation will be conducted in accordance with the Pre-Suit Mediation Guidelines established
by the Indiana State Bar Association.
3. Although the mediator is an attorney, the mediator does not represent either side and does not offer
and will not give legal advice or legal counsel.
4. The mediator shall have immunity in the same manner and to the same extent as a judge in the state
of Indiana. Any attempt to challenge this immunity in any proceeding shall entitle the mediator to a
judgment against the party raising such challenge for the amount of reasonable attorney fees and court
costs and other direct and indirect costs incurred by the mediator as a result of such challenge.
5. The mediation shall be regarded as settlement negotiations and shall be subject to the same
confidentiality protections as provided in Indiana ADR Rule 2.12.
6. The parties, their counsel and the mediator agree that each has a privilege to refuse to testify and
to prevent the other from testifying about any communication made during the mediation.
7. The mediation shall be conducted in accordance with the mediation procedure described by Indiana
ADR Rule 2.7 except that in lieu of reporting to any court about the mediation, the mediator will
report to the Indiana State Bar Association that a pre-suit mediation was held and that it did or did
not result in a settlement, without further comment or recommendation.
8. If the pre-suit mediation does not result in a settlement, the parties may use mediation again after
suit has been filed and, upon agreement of the parties, may use the same mediator.
9. Either party may terminate the mediation at any time by a letter to the mediator with a copy being
sent to the other party.
10. The mediator may terminate the mediation at any time because of an impasse or if for any reason
the mediator deems it improper or unproductive to continue. The mediator will not be required to
disclose the reason for terminating the mediation but may do so, to the parties and their attorneys
only, at the mediator's sole discretion.
11. The parties shall mediate in good faith but are not required to reach an agreement.
Indiana State Bar Association
Indiana Bar Center
230 East Ohio Street, 4th Fl.
Indianapolis, IN 46204-2199
Attn: Pre-Suit Mediation Committee
___ Personal Injury
___ Property Damage
___ Domestic Relations
___ Other, briefly describe
3. Settled: Yes or No (circle one)
These amendments shall be effective January 1, 1999.
The Clerk of this Court is ORDERED to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; The Michie Company; and West Publishing Company.
Acting Chief Justice of Indiana
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