Interest Groups

Reversal: Small Claims Courts Cannot Order Mediation, ADR - Alternative Dispute Resolution News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Alternative Dispute Resolution News


Posted on: Mar 24, 2020

Intro by Mike Commons, Indiana Supreme Court

Indiana Court of Appeals finds parties in Marion County Small Claims Court cannot be ordered to participate in ADR without a contractual agreement to use ADR. The for-publication opinion in Kay Kim and Charles Chuang v. Village at Eagle Creek, Homeowners Assoc., et al., published on October 17, 2019, found ADR Rule 1.4 specifically indicates they apply to civil and domestic relations cases filed in “Circuit, Superior, County, Municipal and Probate Courts in the state. The Marion County small claims courts are not included in this rule; therefore, cases filed in the courts are not subject to the rules, and…cannot be ordered to alternative dispute resolution...”

Read more from The Indiana Lawyer here.

If you would like to submit content or write an article for the Alternative Dispute Resolution Section, please email Kara Sikorski at ksikorski@indybar.org.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)