18 AAC 15.205. Alternative dispute resolution

(a) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, the department and the parties may engage in alternative dispute resolution, using procedures to which the department and the parties agree, in order to prevent or to minimize the escalation of a dispute or to resolve a dispute that has occurred. However, a request for an adjudicatory hearing must be filed in accordance with 18 AAC 15.200 at the same time as or before a request for alternative dispute resolution.

(b) For purposes of this section, alternative dispute resolution

(1) includes non-binding arbitration, modified adjudication proceedings, non-record abbreviated hearings, or any collaborative method designed to encourage the parties to work together to develop a mutually agreeable solution, including negotiation, mediation, use of a neutral fact-finder, and settlement conferences; and

(2) does not include binding arbitration.

(c) Nothing in this section impairs the ability of a party to an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 or the hearing officer from pursuing settlement discussions.

History: Eff. 7/11/2002, Register 163

Authority: AS 46.03.020

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