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IC 33-23-6-2
Alternative dispute resolution fund; copayment for services;
prohibition on mediation
Sec. 2. (a) In each county participating in the program under this
chapter, there is established an alternative dispute resolution fund for
each of the following:
(1) The circuit court.
(2) The superior court.
(3) The probate court established by IC 33-31-1.
(b) Notwithstanding subsection (a), if more than one (1) court
exercises jurisdiction over domestic relations and paternity cases in
a county, one (1) alternative dispute resolution fund may be
established to be used by all the courts to implement this chapter if:
(1) the:
(A) county auditor; and
(B) judge of each court that exercises jurisdiction over
domestic relations and paternity cases in the county;
agree to establish one (1) fund; and
(2) the agreement to establish the fund is included in the plan
adopted by the county under section 3 of this chapter.
(c) The sources of money for each fund established under
subsection (a) or (b) are:
(1) the alternative dispute resolution fee collected under section
1 of this chapter for the circuit court, superior court, or probate
court, respectively; and
(2) copayments collected under subsection (d) if:
(A) a county chooses to deposit the copayments into the
fund; and
(B) the county specifies in the plan adopted by the county
under section 3 of this chapter that the copayments will be
deposited in the fund.
(d) The funds shall be used to foster domestic relations alternative
dispute resolution, including:
(1) mediation;
(2) reconciliation;
(3) nonbinding arbitration; and
(4) parental counseling.
Litigants referred by the court to services covered by the fund shall
make a copayment for the services in an amount determined by the
court based on the litigants' ability to pay. The fund shall be
administered by the circuit, superior, or probate court that exercises
jurisdiction over domestic relations and paternity cases in the county.
A fund used by multiple courts under subsection (b) shall be
administered jointly by all the courts using the fund. Money in each
fund at the end of a fiscal year does not revert to the county general
fund but remains in the fund for the uses specified in this section.
(e) Each circuit, superior, or probate court that administers an
alternative dispute resolution fund shall ensure that money in the
fund is disbursed in a manner that primarily benefits those litigants
who have the least ability to pay, in accordance with the plan adopted
by the county under section 3 of this chapter.
(f) A court may not order parties into mediation or refer parties to
mediation if a party is currently charged with or has been convicted
of a crime:
(1) under IC 35-42; or
(2) in another jurisdiction that is substantially similar to the
elements of a crime described in IC 35-42.
As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1.
IC 33-23-6-3
Plan; judicial approval
Sec. 3. (a) A county desiring to participate in the program under
this chapter must:
(1) develop a plan to carry out the purposes of section 2 of this
chapter that is approved by a majority of the judges in the
county exercising jurisdiction over domestic relations and
paternity cases; and
(2) submit the plan to the judicial conference of Indiana.
(b) The plan under subsection (a) must include:
(1) information concerning how the county proposes to carry
out the purposes of the domestic relations alternative dispute
resolution fund as set out in section 2 of this chapter; and
(2) a method of ensuring that the money in the alternative
dispute resolution fund is disbursed in a manner that primarily
benefits those litigants who have the least ability to pay.
The plan may include the use of senior judges as mediators in
domestic relations cases as assigned by the supreme court. The
judicial conference of Indiana may request additional information
from the county as necessary.
As added by P.L.98-2004, SEC.2.