3 AAC 48.121 - Alternative dispute resolution procedures

(a) A person may request alternative dispute resolution by petition if no adjudicatory proceeding is open, or by motion in an existing adjudicatory proceeding. An initiating order in an adjudicatory proceeding will specify the date by which a motion for alternative dispute resolution must be filed.

(b) Except for a dispute over an initial interconnection agreement filed under 47 U.S.C. 252 (Telecommunications Act of 1996), a telecommunications carrier may submit any dispute with another telecommunications carrier to the commission for resolution under this section.

(c) A petition or motion requesting alternative dispute resolution must contain

(1) a description of the matter to be resolved;

(2) the type of alternative dispute resolution procedure sought;

(3) a request for the commission to appoint an administrative law judge or a statement that outside resources will be used;

(4) a certification that the person attempted to negotiate the matter to be resolved before filing the petition or motion;

(5) a statement that the person believes alternative dispute resolution has a reasonable potential of resolving disputed matters and the reasons supporting that belief;

(6) an explanation of the anticipated effect of alternative dispute resolution on applicable timelines; and

(7) a proposal for concluding the adjudicatory proceeding within applicable timelines.

(d) A petition for alternative dispute resolution must be served on those persons that will be involved in the alternative dispute resolution process. A motion in an existing adjudicatory proceeding must be served on all parties.

(e) A person served with a petition for alternative dispute resolution may file a response within 30 days after the date the petition is filed. A party served with a motion for alternative dispute resolution may file a response within 10 days after the date the motion is filed. The commission may order a person opposing alternative dispute resolution to participate in a one-day mediation session. A person opposing alternative dispute resolution is not

(1) obligated to attend subsequent alternative dispute resolution sessions or to pay costs of alternative dispute resolution; and

(2) bound by the resolution of the matter achieved under this section.

(f) In determining whether a matter is suitable for alternative dispute resolution, the commission will consider the

(1) timing of the request relative to the ability of the participants to adequately prepare, whether parties to an existing adjudicatory proceeding are willing to waive applicable timelines, the effect of alternative dispute resolution on applicable timelines, and other factors that may make the request untimely; and

(2) complexity of the subject matter, if needed, availability of commission resources, and whether the absence of an interested person from the alternative dispute resolution process detrimentally affects the likelihood of resolving disputed issues.

(g) If the commission determines the matter is suitable for alternative dispute resolution, the commission will issue an order directing that the alternative dispute resolution proceeding be held and establishing guidelines for the proceeding. The participants may select the individual who will conduct the alternative dispute resolution proceeding and must notify the commission of their selection. If the individual selected is an administrative law judge, the commission will appoint the administrative law judge by order.

(h) The person assigned or appointed to conduct the alternative dispute resolution proceeding

(1) shall consult with the participants and establish procedures and schedules necessary to resolve the dispute, and may facilitate voluntary discovery;

(2) may with the consent of all participants engage in ex parte communications with individual participants; and

(3) may not preside over the underlying or subsequent adjudicatory proceeding unless the person assigned to conduct the alternative dispute resolution proceeding, all participants, and the commission consent in writing.

(i) A schedule adopted under (h)(1) of this section must allow the commission 30 days to consider and rule upon the proposed resolution of disputed issues. The commission will issue its decision within 30 days, unless it extends the time for good cause. The commission may accept or reject the proposed resolution of the dispute or may require additional proceedings.

(j) A participant in an alternative dispute resolution proceeding may withdraw from the proceeding by filing a notice of withdrawal with the commission. The notice must be served on all participants in the alternative dispute resolution proceeding and all parties in the underlying adjudicatory proceeding, if any. If a notice of withdrawal is filed by a participant in an alternative dispute resolution proceeding, the commission may reevaluate the suitability of the matter for alternative dispute resolution under (f) of this section.

(k) Evidence of conduct or statements in an alternative dispute resolution proceeding is not subject to discovery and is not admissible in adjudicatory proceedings before the commission.

(l) If a proposed resolution achieved through alternative dispute resolution is not accepted by the commission, any evidence of comments or statements made on that proposed resolution is not admissible in adjudicatory proceedings before the commission.

(m) The participants may use commission meeting or hearing rooms for alternative dispute resolution, subject to commission priorities.

(n) The commission may assess participants a share of the costs of the alternative dispute resolution proceeding.

(o) If a party to an informal complaint is not satisfied with the resolution of the complaint under 3 AAC 48.120, the party may request alternative dispute resolution of the issues addressed in the informal complaint rather than pursue a formal complaint under 3 AAC 48.130. The commission may order alternative dispute resolution after evaluating the factors stated in (f) of this section and the ability of each party to effectively participate in alternative dispute resolution.

(p) In this section, "alternative dispute resolution"

(1) includes conciliation, facilitation, early neutral evaluation, fact finding, mini-trial, and mediation; and

(2) does not include arbitration.

Notes

3 AAC 48.121

Eff. 5/5/2000, Register 154; am 8/31/2008, Register 187

Authority:AS 42.04.050

AS 42.04.070

AS 42.04.080

AS 42.05.141

AS 42.05.151

AS 42.06.055

AS 42.06.140