Indiana Rules for Alternative Dispute Resolution

Rule 3.3. Assignment of Arbitrators

Effective January 1, 2025

(A) Arbitrator Selection.

Upon assignment of a case to arbitration, the parties may select their own arbitrator within fifteen days following assignment. If the parties are unable to agree on the arbitrator, the court must designate three arbitrators for alternate striking by each side. The party initiating the lawsuit strikes first and each party has five days to strike.

(B) Arbitrator Panel.

If the parties agree to an arbitration panel, it must be limited to three persons. If the parties cannot agree on who should serve as members of the arbitration panel, then each side selects one arbitrator and the two arbitrators must select the third by unanimous vote. The arbitrators must select a Chair of the arbitration panel.

(C) Arbitrator Compensation.

Unless otherwise agreed among the parties, and the arbitrator(s) selected under this provision, the court must set the rate of compensation for the arbitrator(s). Unless the parties agree otherwise, costs of arbitration are to be divided equally among the parties and paid within thirty days after the arbitration is concluded, regardless of the outcome.

(D) Refusal to Serve.

Any arbitrator selected may refuse to serve without showing cause for such refusal.