Benton County Courts, Indiana Pre-Motion Conference Requirements

In visitation, parenting-time, and custody disputes, parties must attempt informal resolution or use formal mediation after initiating court action, unless they completed mediation for the current dispute before filing and show proof to the Court.

In all disputes concerning visitation, parenting time, custody, or modification of custody, the parties shall informally resolve the case or follow formal mediation: (see below) 1. Informal Resolution: Try to resolve the dispute on their own, with a third neutral person, or with a registered or non-registered mediator of their own choosing. 2. Formal Mediation: a. Petition or Motion: Once Court action is initiated, the parties shall enter formal mediation pursuant to the Rules For Alternative Dispute Resolution and Rule 2 thereof entitled MEDIATION, unless formal mediation has already been completed for the current dispute prior to the filing of the Petition or Motion and proof is shown to the Court. b. Mediator: The parties may agree on any registered mediator as shown on the Commission’s registry without Court approval. The parties may agree upon a non- registered mediator who is approved by the Court. Approval by phone is appropriate.