ADR Program Basics
- Office of Court Services
- Alternative Dispute Resolution
- Current: ADR Program Basics
Alternative Dispute Resolution Fund Plan County Contact List
In 2003, the Indiana General Assembly passed House Enrolled Act 1034, authorizing the establishment of Alternate Dispute Resolution (ADR) programs in domestic relations cases across all 92 counties of Indiana. The act came into effect on July 1, 2003. This program was recently amended, permitting its broader use.
Under Indiana Code ยง 33-23-6, the ADR Program allows counties to levy a $20.00 fee on parties filing for legal separation, paternity, or dissolution cases. This fee is allocated to a dedicated ADR fund to support mediation, reconciliation, nonbinding arbitration, parental counseling. ADR plans can now include Guardian ad Litem (GAL) services.
The funds must primarily benefit litigants with limited financial means. Administrative fees may be paid out of this fund, but those costs should not take priority over provision of services. Individuals facing current charges or convictions under IC 35-42 may participate in these services only if the court determines that their involvement does not pose an unreasonable risk of harm to any party involved.
To participate in the ADR program, counties must develop a plan that aligns with the statutory requirements and receives approval from the majority of judges overseeing domestic relations and paternity cases within the jurisdiction. The Indiana Office of Judicial Administration (OJA), following ADR Rule 1.11, is responsible for granting plan approval. Additionally, counties are required to submit an annual report outlining the ADR program's activities. Currently, more than half of Indiana's counties have approved ADR Fund Plans.
Some of the previously approved services include:
- Mediation services for litigants
- Designated free mediation days
- Provision of training for attorneys and others in exchange for managing a specific number of mediation cases within a set period
- Parental counseling and reconciliation services, including:
- facilitation
- conflict resolution classes
- anger management classes
- parenting coordination
- intensive in-home case management
- Other ADR services
As of July 1, 2023, the OJA will also consider GAL services as eligible under appropriately amended plans.
ADR plans must include a description of how information about the plan, including the assessment of the $20.00 fee, will be disseminated to various county stakeholders, including:
- Attorneys
- Court personnel
- Government officials
- Social service agencies
- Service providers
- The general public
Plans should also be coordinated with other relevant entities or programs in the community, such as legal services, GAL/CASA, and the pro bono district.
For more information on ADR programs, contact Joseph Fischer at 317-233-1579 or Joseph.Fischer@courts.in.gov.
Counties with an approved ADR Plan: Allen, Bartholomew, Boone, Brown, Clark, Crawford, DeKalb, Delaware, Dubois, Elkhart, Fulton, Gibson, Grant, Greene, Hendricks, Henry, Jackson, Jennings, Johnson, Kosciusko, Lake, LaPorte, Lawrence, Madison, Marion, Martin, Monroe, Montgomery, Orange, Owen, Perry, Porter, Putnam, Ripley, Shelby, St. Joseph, Steuben, Sullivan, Tippecanoe, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Whitley. Counties with an inactive ADR Plan: Parke, Starke.