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Analysis of Conflicts Between ADR Rules and AOPA Mediation - Alternative Dispute Resolution News

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Alternative Dispute Resolution News


Posted on: Feb 21, 2019

Courtesy of Shared Neutrals:

The Indiana Administrative Orders and Procedures Act governs mediations in administrative cases. Mediators are also governed by the Indiana Supreme Court’s ADR Rules, which are often more familiar to the parties. Unfortunately, AOPA and the ADR rules are sometimes in conflict. Shared Neutrals—a group of state employees who voluntarily mediate for other state agencies—has undertaken review of AOPA and the ADR Rules to offer recommended legislative corrections to alleviate these conflicts. Of greatest concern is the difference in whether documents and evidence submitted with confidential mediation statements must be disclosed to the opposing party.

See the analysis here.

This article was submitted by Patricia McCrory, Harrison & Moberly LLP. 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.

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