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Mandatory Impasse Procedures (Mediation & Factfinding)

By November 15th of each year, school corporations and their exclusive representation must have a ratified contract. If the contract has not been ratified then IEERB will declare impasse. Parties At-Impasse must complete the Bargaining Status Form. IEERB provides mandatory mediation and mandatory, binding factfinding for all Indiana teacher bargaining processes at impasse.  In addition to IC 20-29 and 560 IAC 2, please see the information below for guidance on mandatory impasse procedures. Please consult your counsel if questions arise.

A mediator delineates the problems involved in bargaining, seeks solutions which can reasonably be accepted by both parties, and determines common grounds for agreement. Mediators act as facilitators, assisting the parties as they attempt to move toward settlement. Techniques used by mediators are many and varied. Mediation is mandatory in the event of impasse. Mediations are 1-3 sessions and will last up to 30 days. The costs associated with mediation are split between the parties. IEERB uses staff and  Ad Hoc Panelists to conduct mediation.

At the conclusion of mediation, each party must submit a last, best offer (LBO). If a party does not submit an LBO, the fact finder may select the other party's LBO in its entirety. These guidance documents and forms will assist the parties is creating the LBO:

2023 Deficit Financing Calculator

2023 LBO Guidance and Forms upon request

When the parties are unable by themselves, or through a mediator, to resolve a dispute, a factfinder investigates, holds a hearing, and issues a binding decision based on a party’s last, best offer (LBO). Factfinding will last up to 30 days. The costs associated with factfinding are split between the parties. A factfinder’s decision is appealable to the Indiana Education Employment Relations Board. IEERB uses Ad Hoc Panelists to conduct factfinding.

Pursuant to 560 IAC 2-4-1, within 14 days of the declaration of impasse, school employers must provide to IEERB and the exclusive representative information and documents regarding all revenues, bargained teacher expenses, nonbargained teacher expenses, and nonteacher expenses on which the school employer intends to rely for its Last Best Offer. These Bargaining Revenue & Expense Disclosures are referred to as BRED. This guide provides detailed instructions on how to create the BRED:

2023 BRED Guidance

Impasse Timeline

November 16, 2023
  • Impasse Begins
  • Declarations of Impasse issued
November 30, 2023
  • Bargaining Revenue and Expense Disclosure (BRED) is due
  • Mediators Appointed
December 30, 2023
  • Mediation Ends
  • LBO is due
January 13, 2024Fact Finders Appointed
February 13, 2024Fact Finding Ends
February 15, 2024Impasse Ends