Mediation for Landlord-Tenant Disputes in Indiana

Mediation offers Indiana renters and landlords a way to resolve disputes quickly, fairly, and often confidentially—without the formality or expense of going to court. Whether you’re facing a rent disagreement, an eviction threat, or maintenance concerns, understanding mediation and how it works in Indiana can help you defend your rights and reach a workable solution.

What Is Mediation and When Can Indiana Renters Use It?

Mediation is a voluntary process where you and your landlord meet with a neutral third party (the mediator) to discuss your differences and try to reach a mutually agreeable solution. In Indiana, mediation is often encouraged (and sometimes required) by county courts to resolve landlord-tenant issues outside of court.

• Common uses include rent disputes, security deposit concerns, and disagreements about repairs or lease terms.
• You can use mediation before (or instead of) filing a lawsuit, or in some counties, after a case has already started in small claims court.
• Mediation is available through local court programs and Indiana’s Alternative Dispute Resolution (ADR) programs.

The key advantage of mediation is that both sides have a say in the outcome—it’s less adversarial than court proceedings and often leads to durable, mutually acceptable agreements.

Who Oversees Landlord-Tenant Disputes in Indiana?

The Indiana Judicial Branch oversees landlord-tenant disputes through small claims courts in each county. There is no single housing tribunal or board, but local courts may offer or refer parties to court-sponsored mediation.

Indiana rental relationships are mainly governed by the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations. This law sets your basic rights and obligations as a renter or landlord^[1].

How the Mediation Process Works in Indiana

Here’s a step-by-step look at what Indiana renters can expect when using mediation for a landlord-tenant dispute:

• Request Mediation: You or your landlord may ask for mediation through your county court. In some Indiana counties, forms are provided at small claims court when you file a case or when both sides agree to mediate.
• Schedule a Session: You’ll be matched with a trained mediator. Usually, mediation takes place at the courthouse or remotely.
• Attend and Participate: Explain your side honestly, listen to the other party, and work toward compromise with help from the mediator.
• Agreement or Next Steps: If you reach an agreement, it may be put into writing and submitted to the court. If no agreement is reached, parties can proceed with the court case.

Official Indiana Mediation Request Forms

• Indiana Small Claims Mediation Request (County-Specific Form):
  When to use: If your dispute escalates to small claims court, ask the clerk for your county’s "Request for Mediation" or "Order to Mediation" form. For example, Marion County Small Claims offers mediation for landlord-tenant cases. How it works: When you file (or respond to) an eviction or rental dispute in small claims, request mediation on the spot, or submit the form separately. Some counties (including Marion) may automatically refer certain cases to mediation. View Marion County Court Forms.
• Confidential Mediation Agreement Form:
  When to use: If mediation resolves your dispute, both sides sign a written agreement (provided by the mediator), which can be submitted to the court for approval. Example: After agreeing on payment terms for delayed rent, the mediator helps you fill out the agreement, which is then filed with the court if a case is pending. Download Sample Indiana Mediation Agreement.

Note: Because Indiana has no statewide housing court, check with your county small claims division about the specific forms and mediation procedures they use.

Benefits of Mediation for Indiana Renters

• Saves time compared to a court case
• Usually costs less than a trial (and court programs are often free or low-cost)
• Confidential—mediation conversations are not public record
• You have a greater say in the final result

Your Rights Under Indiana Law

As a renter, you have fundamental protections under Indiana’s Landlord-Tenant Act, including the right to a habitable rental home, a fair process for eviction, and specific rules for return of your security deposit. Mediation does not take away your rights to use the court or seek legal help^[1].

FAQ: Indiana Renters and Mediation

1. Is mediation required before going to court for a landlord-tenant dispute?
   Mediation is not required statewide, but some Indiana counties or small claims courts may mandate mediation before a trial, especially for eviction or rent cases.
2. What happens if my landlord refuses mediation?
   Mediation is voluntary unless ordered by a court. If your landlord refuses or no agreement is reached, you can continue your case before the judge.
3. Can a mediated agreement be enforced in court?
   Yes, if both sides sign a mediation agreement and submit it to the court, it typically becomes a binding order.
4. Does mediation cost money in Indiana?
   Court-sponsored mediation is often free for small claims cases, but check with your county clerk for details on possible fees.
5. Will my mediation be confidential?
   Yes, mediation discussions are confidential and cannot be used as evidence in court if no agreement is reached.

Conclusion: Key Takeaways for Indiana Renters

• Mediation is a practical, renter-friendly option for resolving most landlord-tenant disputes in Indiana.
• Check with your local small claims court for available mediation programs and required forms.
• Your rights are protected under Indiana landlord-tenant law—and you can always seek legal aid if mediation does not resolve your dispute.

Need Help? Resources for Renters

• Indiana Judicial Branch – Find Your County Court
• Indiana Court-Approved Alternative Dispute Resolution Programs
• Indiana Legal Services (free legal help for eligible renters)
• Indiana Housing & Community Development Authority (renter support programs)
• Marion County renters: Access your small claims case and court forms online

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1. For Indiana’s residential tenant laws, see Indiana Code Title 32, Article 31.
2. For information about Indiana mediation, see Alternative Dispute Resolution (Indiana Courts).
3. Marion County renter forms and guidance: Indianapolis Court Forms.

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