Indiana Code 15-15-5-16. Report of arbitration as evidence in subsequent litigation
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Terms Used In Indiana Code 15-15-5-16
- arbitration: refers to arbitration conducted under this chapter. See Indiana Code 15-15-5-4
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- council: refers to the Indiana seed arbitration council established by section 9 of this chapter. See Indiana Code 15-15-5-7
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Sec. 16. In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the council‘s findings of fact and conclusions of law and recommendations as to damages and costs contained in the report as the court considers appropriate based upon all the evidence before the court. The court may also take into account any finding of the council with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the council’s ability to determine the facts of the case.
[Pre-2008 Recodification Citation: 15-4-11-13.]
As added by P.L.2-2008, SEC.6.