Mediation / Alternative Dispute Resolution
Did you know that most civil lawsuits settle without a trial? Did you know that you don’t have to always try your case in court in order to solve your dispute? Other ways to resolve lawsuits are known as alternative dispute resolution (also called ADR). ADR is a general term which includes mediation, facilitation, and other out-of-court strategies for resolving cases without going to trial. ADR allows the parties to play a more active role in resolving their dispute in a more informal setting. Cases can usually be resolved more quickly when ADR is used.
In ADR, trained, impartial persons decide disputes or help parties decide disputes themselves. These persons are called neutrals. Neutrals are normally chosen by the disputing parties or by the court. Neutrals can help parties resolve disputes without having to go to court and follow the formal courtroom procedures. You often have more time and flexibility to fully explain your side of the case using ADR than you would in court.
One of the most popular forms of Alternative Dispute Resolution is mediation. Mediation is an informal process in which a neutral third party – known as a Mediator – helps you and the other party reach an agreement on some or all of your differences. In the mediation process, the mediator helps the parties identify important issues, clarify misunderstandings, explore solutions, and negotiate a settlement rather than having a costly and time-consuming trial. In mediation, decision-making by the parties must be voluntary, so only those issues upon which both parties can agree will be included in the settlement. For a complete explanation about the costs of mediation, the selection of mediators, the mediation process, and other issues about mediation, please read the Indiana Rules for Alternative Dispute Resolution.
Some Indiana county courts have programs for low-cost or no-cost mediation services to families who are involved in divorce or paternity cases and are unable to pay for private mediators. In such cases, if you meet financial eligibility requirements, you typically only pay a small fee. To learn more about how you can receive assistance with mediation costs, contact your lawyer, your local court staff, or visit Alternative Dispute Resolution Fund in Domestic Relations Cases.
If you have read this page and would like more information on mediators, you can visit the Indiana Commission for Continuing Legal Education's Directory of Registered Mediators on the web. The Indiana Self-Service Legal Center makes no warranties as to the accuracy or quality of these web site links.
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Because of these advantages, many parties choose ADR to resolve a dispute instead of filing a lawsuit. Even when a lawsuit has been filed, ADR can be used before the parties' positions harden and the lawsuit becomes costly. ADR has been used to resolve disputes even after a trial, when the result is appealed.