Judge Napier discusses Alternative Dispute Resolution with commissioners

Marshall County Superior Court Judge Tami Napier appeared before the County Commissioners last week to inform them that she applied for a one-time cash payment to Marshall County through the Indiana Supreme Court for a specialized Alternative Dispute Resolution Solution Program.  She applied on October 24^th and hasn’t been notified if the county has been approved yet. 

Judge Napier said the program would be beneficial for Superior Court I, which handles 100% of the divorce cases in Marshall County, but also Circuit Court and Judge Surrisi, as she has 100% of the county’s paternity cases and the Child In Need of Services (CHINS) cases.  The two courts will work together in this Alternative Dispute Resolution (ADR) program.    

Explaining the program, Judge Napier said, for legal separation, dissolution of marriage, or juvenile paternity cases filed in the county, an additional $20 is added to every filing, unless someone has filed a verified fee waiver, which happens all the time, but it is up to the judge.  The judge said if parties are indigent and can’t afford to file for divorce, they provide some financial information, and the judge decides if the fees can be waived and they can proceed with the divorce, separation, or paternity case.     

Judge Napier requested $25,000 from the Indiana Supreme Court for the program. If successful, the additional $20 filing fee will be transferred by the Clerk of the Court to the Auditor monthly and put in the ADR Fund.   The funds are administered by the Judge of Superior Court I and would never be mixed into the General Fund. 

Judge Napier said if a judge earmarks a case for Alternative Dispute Resolution, and if the parties are of modest means, a case referred for mediation, which is typically $350 to $500 an hour, would qualify for assistance.  All five mediators have agreed to do mediation for $100 an hour for those in the ADR program.

Judge Napier said a sliding scale analysis of financial capacity will be used to assist in paying for mediation.  She said, “The importance of all of this, particularly for mediation, is that when people have a stake in the terms of their agreement, they are far more likely to abide by that.”

The ADR program has been very successful in 81 of the 92 counties in Indiana because the parties are very receptive and the courts benefit from the services.    

Commissioner Stan Klotz asked if the judge of Superior Court I has the final say on the program, and Judge Napier said, “As the Superior Court I Judge, I will work with Judge Surrisi.  In terms of administering and keeping track of the data for the Indiana Supreme Court, I volunteered to do that.”

About 70% of the divorce cases filed in Superior Court I are without attorneys. They are self-represented litigants who may not be familiar with the law, and mediation can be very helpful for them. The judge mentioned that Circuit Court has experienced a huge increase in Child In Need of Services (CHINS) cases, and this program helps with guardian ad litem services, which are very costly—ranging from $3,500 to $5,000. Those working in the plan will provide these services for about 20% of the normal cost.