Rule 4.5. Mediation and Other Forms of Alternative Dispute Resolution

(a) Application. This rule applies to all actions filed

under Title 13. At any time after an action under Title 13 is

filed, an interested person as defined in AS 13.06.050(26) may

file a motion with the court requesting mediation for the

purpose of providing an alternative to litigation. The motion

must address how the mediation should be conducted as

specified in paragraph (b), including the names of any

acceptable mediators. In matters not covered by AS 25, the

court may order mediation in response to such a motion, or on

its own motion, whenever it determines that mediation may

result in an equitable settlement. In making this determination,

the court shall consider whether there is a history of domestic

violence between the interested persons which could be

expected to affect the fairness of the mediation process or the

physical safety of the domestic violence victim. Mediation

may not be ordered between the parties to, or in, a case filed

under AS 18.66.100 - 18.66.180. (b) Order.

An

order

of

mediation must state:

(1) the name of the mediator or how the mediator will be

decided upon;

(2) any changes in the procedures specified in paragraphs

(d) and (e), or any additional procedures;

(3) that the costs of mediation are to be borne equally by

the interested persons unless the court apportions the costs

differently; estate funds may be used to pay the costs of

mediation only upon order of the court or agreement of all

persons whose interests would be affected by payment from

the estate; and

(4) a date by which the initial mediation conference must

commence.

(c) Challenge of Mediator. Each interested person has

the right once to challenge peremptorily any mediator

appointed by the court if the ‘Notice of Challenge of Mediator’

is timely filed pursuant to Civil Rule 42(c).

f the court or agreement of all

persons whose interests would be affected by payment from

the estate; and

(4) a date by which the initial mediation conference must

commence.

(c) Challenge of Mediator. Each interested person has

the right once to challenge peremptorily any mediator

appointed by the court if the ‘Notice of Challenge of Mediator’

is timely filed pursuant to Civil Rule 42(c).

(d) Mediation Briefs. Any interested person may

provide a confidential brief to the mediator explaining its view

of the dispute. If an interested person elects to provide a brief,

the brief may not exceed five pages in length and must be

provided to the mediator not less than three days prior to the

mediation. An interested person’s mediation brief may not be

disclosed to anyone without the person’s consent and is not

admissible in evidence.

(e) Conferences. Mediation will be conducted in

informal conferences at a location agreed to by the interested

persons or, if they do not agree, at a location designated by the

mediator. All interested persons shall attend the initial

conference at which the mediator shall first meet with all

participants. Thereafter the mediator may meet with the

participants separately. Counsel for an interested person may

attend all conferences attended by that person. If the mediator

believes the presence of third parties is critical to the resolution

of a case, the mediator may request them to attend the

mediation.

(f) Authority of Mediators. Mediators shall work with

the interested persons to facilitate agreements on substantive

and procedural matters and attempt to aid in the voluntary

resolution of cases. Mediators shall not issue decisions or make

procedural or substantive recommendations to the court.

is critical to the resolution

of a case, the mediator may request them to attend the

mediation.

(f) Authority of Mediators. Mediators shall work with

the interested persons to facilitate agreements on substantive

and procedural matters and attempt to aid in the voluntary

resolution of cases. Mediators shall not issue decisions or make

procedural or substantive recommendations to the court.

(g) Termination. After the initial joint conference and

the first round of separate conferences if separate conferences

are required by the mediator, an interested person may

withdraw from mediation, or the mediator may terminate the

process if the mediator determines that mediation efforts are

likely to be unsuccessful. Upon withdrawal by an interested

person or termination by the mediator, the mediator shall

notify the court that mediation efforts have been terminated.

(h) Confidentiality. Mediation proceedings shall be held

in private and are confidential. Unless otherwise ordered, the

mediator shall not testify as to any aspect of the mediation

proceedings. Evidence of conduct or statements made in the

course of court-ordered mediation shall be inadmissible to the

same extent that conduct or statements are inadmissible under

Alaska Rule of Evidence 408. This rule does not relieve any

person of a duty imposed by statute.

(i) Stipulation. If the mediation is successful, the

interested persons shall prepare and file with the court a

stipulation setting forth their agreement.

nts made in the

course of court-ordered mediation shall be inadmissible to the

same extent that conduct or statements are inadmissible under

Alaska Rule of Evidence 408. This rule does not relieve any

person of a duty imposed by statute.

(i) Stipulation. If the mediation is successful, the

interested persons shall prepare and file with the court a

stipulation setting forth their agreement.

(j) Other Forms of Alternative Dispute Resolution.

(1) Early Neutral Evaluation. Parties or the court may

use the procedure set out in this rule to refer a case to early

neutral evaluation instead of mediation. All provisions of this

rule apply to a case in which early neutral evaluation has been

ordered under paragraph (a).

(2) Settlement Conference. At any time after a complaint

is filed, a party may file a motion with the court requesting a

settlement conference with a judge for the purpose of

achieving a mutually agreeable settlement. The court may

order a settlement conference in response to such a motion or

on its own motion.

PART II. WILLS AND ESTATES