Sec. 14. (a) If the parties to a proceeding elect to use an outside mediator, the costs of mediation must be paid as agreed by the parties. If there is no agreement of the parties, the administrative law judge assigned to the proceeding shall determine the mediation costs, if necessary, and equitably divide the mediation costs among the parties. (b) To make the determination required by subsection (a), the administrative law judge shall consider the following: (1) The complexity of the litigation. (2) The skill levels needed to mediate the proceeding. (3) The ability of a party to pay. (c) Mediation costs must be paid not more than thirty (30) days after the mediation is completed unless otherwise agreed among the mediator and the parties.
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