Article 4.31 Primacy and Encouragement of Alternative Dispute Resolution

(a) (1) Alternative dispute resolution, including mediation and arbitration, constitutes the preferred means of resolving disputes under this Chapter where appropriate and without prejudice to the parties’ freedom of choice under Article 4.6 of this Part.

(b) (2) Parties shall act reasonably and cooperatively in considering and engaging with appropriate alternative dispute resolution mechanisms.

(c) (3) In subsequent court proceedings, an unreasonable refusal to engage in appropriate alternative dispute resolution may be taken into account the IC Court when determining costs or other procedural consequences, in accordance with applicable principles.