2022 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 16. Administration and Legal Proceedings
9-32-16-15. Dealers; Unfair Practices; Declaratory Judgment; Demand for Mediation; Mediation

Sec. 15. (a) A dealer who is injured by an unfair practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or petition with the division.

(b) A dealer who is injured by an unfair practice set forth in IC 9-32-13-27 may file a request for declaratory judgment with the division.

(c) A dealer may not file a complaint, request for declaratory judgment under subsection (b) based on an alleged violation of IC 9-32-13-27, or petition with the division under subsection (a) based on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer or distributor unless the dealer serves a demand for mediation upon the manufacturer or distributor:

(1) before; or

(2) at the same time as;

filing the complaint, request for declaratory judgment, or petition. A demand for mediation must be in writing and served upon the manufacturer or distributor by certified mail at an address designated for the manufacturer or distributor in the licensor's records. The demand for mediation must contain a brief statement of the dispute and the relief sought by the dealer serving the demand.

(d) Not later than twenty (20) days after the date the demand for mediation is served under subsection (c), the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place must be within Indiana at a location selected by the mediator. The mediator may extend the period in which the meeting must occur for good cause shown by either party or upon stipulation of the parties.

As added by P.L.92-2013, SEC.78. Amended by P.L.182-2021, SEC.25.