- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 12. Delinquent Minors
- Section 450. Community Dispute Resolution Centers For Matters Involving Minors.
previous: Section 400
. Youth Courts.
next: Section 980
AS 47.12.450. Community Dispute Resolution Centers For Matters Involving Minors.
- (a) An entity organized for the purpose of providing community mediation services may establish and operate a community
dispute resolution center to resolve disputes between minors who are alleged to have committed offenses and the victims
of those offenses.
- (b) The commissioner may recognize an entity organized for the purpose of providing community mediation services as a
community dispute resolution center to serve as a center to resolve disputes between minors and victims. Before
extending recognition under this subsection, the commissioner shall determine that the bylaws of the entity set out
standards and procedures
- (1) for filing requests for dispute resolution services with the center and for scheduling mediation sessions participated
in by the parties to the dispute;
- (2) to ensure that each dispute mediated meets the criteria for appropriateness for mediation and for rejecting disputes
that do not meet the criteria;
- (3) for giving notice of time, place, and nature of the mediation session to the parties, and for conducting mediation
sessions that comply with the provisions of this section;
- (4) to ensure that participation by all parties is voluntary;
- (5) for obtaining referrals from public and private bodies;
- (6) for providing mediators who, during the dispute resolution process, may not make decisions or determinations of the
issues involved, but who shall facilitate negotiations by the participants themselves to achieve a voluntary resolution
of the issues;
- (7) for communicating to the agency making a referral under AS 47.12.040(a)(1)(A) or the court making a referral under
AS 47.12.120(b)(4)(A), as appropriate, the following:
- (A) notice that the minor and victim have been unable to enter into a written agreement under (d)(2) of this section or
that the minor or victim has withdrawn from mediation as authorized by (f) of this section;
- (B) notice that the minor and victim have entered into a written agreement under (d)(2) of this section; the center shall
transmit a copy of the agreement to the agency or the court, as appropriate;
- (C) notice that the minor has failed to perform fully the minor's obligations under the written agreement under (d)(2) of
- (D) notice that the minor has successfully completed all that is required of the minor under the provisions of the written
agreement under (d)(2) of this section; and
- (8) for informing and educating the community about the community dispute resolution center and encouraging the use of the
center's services in appropriate cases.
- (c) A center established under this section shall provide dispute resolution services between a minor who has committed an
offense and who, because of the commission of the offense, may be alleged to be a delinquent minor under AS 47.12.020
, and a person who was a victim of that offense. The center shall provide dispute resolution services either without
charge to a participant or for a fee that is based on the participant's ability to pay.
- (d) In conducting a dispute resolution process under this section, a center shall require that
- (1) the minor and the victim enter into a written agreement that expresses the method by which they shall attempt to
resolve the issues in dispute; and
- (2) at the conclusion of the dispute resolution process, the minor and the victim enter into a written agreement that sets
out the settlement of the issues and the future responsibilities, if any, of each party.
- (e) Except for a notice or a communication described in (b)(7) of this section, all memoranda, work notes or products, or
case files of centers established under this section are confidential and privileged and are not subject to disclosure
in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials
were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent
proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by a
participant, mediator, or another person is a privileged communication and is not subject to disclosure in a judicial
or administrative proceeding unless all parties to the communication waive the privilege. However, privilege and
limitation on evidentiary use set out in this subsection do not apply to a communication of a threat that injury or
damage may be inflicted on a person or on the property of a party to the dispute to the extent the communication may be
relevant evidence in a criminal matter.
- (f) A minor or a victim who enters a dispute resolution process at a center established under this section may revoke
consent, withdraw from dispute resolution, and seek judicial or administrative redress before reaching a written
resolution agreement. The withdrawal must be in writing. If a minor or a victim withdraws from dispute resolution, a
legal penalty, sanction, or restraint may not be imposed upon the person for that withdrawal.
- (g) A center established under this section may seek and accept contributions and any other available money and may expend
the money to carry out the purposes of this section.
- (h) An individual who is a member or an agent of the board of directors of or a mediator at a community dispute resolution
center is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or
perform a discretionary function or a discretionary duty within the official capacity of the individual. A community
dispute resolution center is immune from suit in a civil action based upon an act or failure to act for which an
individual is granted immunity under this subsection.
- (i) In this section, "center" means a community dispute resolution center.
Article 05. GENERAL PROVISIONS
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.