Purpose.

Arkansas Alternative Dispute Resolution Commission Established - Terms of Members - Meetings - Rules - Quorum.

(a)(1)(A) There is hereby created the Arkansas Alternative Dispute Resolution Commission which shall consist of seven (7) members.  (B)(i) Three (3) members shall be attorneys appointed by the Chief Justice of the Arkansas Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association.

(ii)  One (1) member shall be appointed by the Speaker of the House of Representatives. 

(iii)  One (1) member shall be appointed by the President Pro Tempore of the Senate. 

(iv)  Two (2) members shall be appointed by the Governor. 

(2)  All members shall have demonstrated prior interest or involvement in alternative dispute resolution. 

(3)  At least one (1) commission member shall be an Arkansas resident considered to be a representative of voluntary or nonprofit alternative dispute resolution programs in the State of Arkansas. 

(4)  Each member shall serve for six (6) years. 

(5)  If any member dies, resigns, or is otherwise unable to serve prior to the expiration of the term, the appointing entity shall appoint a successor to serve the unexpired portion of the term. 

(6)  The members of the commission shall elect a chairman. 

(b)  Members of the commission may receive expense reimbursement in accordance with § 25-16-902. 

(c)  The commission shall hold regular quarterly meetings each year on dates fixed by the commission and such special meetings as the commission determines are necessary. 

(d)  The commission may issue rules and regulations and shall publish rules for the regulation of its proceedings. 

(e)  A majority of the commission shall constitute a quorum. 

History:

Acts 1995, No. 673, §§ 2-5; 1997, No. 250, § 115; 1997, No. 1354, § 34; 2001, No. 1288, § 13.

Staffing.

(a)  General staff support, facilities, and operating assistance for the Arkansas Alternative Dispute Resolution Commission shall be provided by the Administrative Office of the Courts from funds appropriated for that purpose by the General Assembly.   
(b)  The commission shall select a Coordinator of Alternative Dispute Resolution Programs, who shall be an employee of the Administrative Office of the Courts. 

(c)  Other employees may be added by the commission as are needed to carry out the purposes of this subchapter. 

History:

Acts 1995, No. 673, § 6.

Powers and Duties of Commission.

The Arkansas Alternative Dispute Resolution Commission shall have the authority and responsibility to:   
(1)  Promote in a systematic manner the appropriate use of alternative dispute resolution; 

(2)  Provide education to the courts, other government agencies, and the public on the methods, advantages, and applications of alternative dispute resolution; 

(3)(A)  Establish standards and regulations for the certification, professional conduct, discipline, and training of persons who shall be eligible and qualified to serve as compensated mediators, negotiators, conciliators, arbitrators, or other alternative dispute resolution neutrals in and for state and local courts. 

(B)  However, nothing in this subchapter or in the standards and regulations promulgated by the commission shall in any way prevent the parties to the litigation from utilizing any recognized voluntary or nonprofit program of dispute resolution; 

(4)  Develop recommended guidelines, including the types of disputes which may be subject to alternative dispute resolution and standard procedures for mediation, and other forms of alternative dispute resolution; 

(5)  Assist state and local courts and governmental and other agencies with the development and implementation of alternative dispute resolution programs; 

(6)  Develop standardized forms for use in state and local courts and governmental and other agencies for the reference of cases to alternative dispute resolution and for the purpose of monitoring the use of alternative dispute resolution in the state; 

(7)  Establish fees to be levied by the courts and governmental and other agencies and paid by parties utilizing alternative dispute resolution processes; 

(8)  Apply for and accept gifts or grants from any public or private source for use in maintaining and improving alternative dispute resolution programs in the state; and 

(9)  Collect fees for tuition and registration of educational programs and to assist in maintaining a roster of third-party neutrals. 

History:

Acts 1995, No. 673, § 7; 1999, No. 602, § 1.

Legislative Purpose and Intent.

It is the intent of the General Assembly to:   
(1)  Encourage and authorize the use of dispute resolution processes throughout this state to resolve disputes, cases, and controversies of all kinds.  Such processes include, but are not limited to, negotiation, mediation, conciliation, arbitration, private judging, moderated settlement conferences, med-arb, fact finding, mini-trials, and summary jury trials; 

(2)  Encourage the development of new and the improvement of existing processes in this state; 

(3)  Encourage the courts, the officers and employees of the courts of this state, state and local officers, departments, state and local governments and administrative agencies, state and local enforcement officers and agencies, prosecuting authorities and public defenders, and all other state and local officials, agencies, districts, and authorities to become versed in, accept, use, develop, and improve processes appropriate to the fair, just, and efficient resolution of disputes, cases, and controversies of all kinds in this state. 

History:

Acts 1993, No. 641, § 1.

Duty and Authority of the Courts.

(a)(1)  It is the duty of each trial and appellate court of this state, and each court is hereby vested with the authority, to encourage the settlement of cases and controversies pending before it by suggesting the referral of a case or controversy to an appropriate dispute resolution process agreeable to the parties.
(2)  On motion of all the parties, the court must make such an order of reference and continue the case or controversy pending the outcome of the selected dispute resolution process.

(b)  In addition, each circuit and appellate court of this state is vested with the authority to order any civil, juvenile, probate, or domestic relations case or controversy pending before it to mediation. 

(c)  If a case or controversy is ordered to mediation, the parties may: 

(1)  Choose an appropriate mediator from a roster provided by the Arkansas Alternative Dispute Resolution Commission of those mediators who meet the commission's requirement guidelines for that type of case; or 

(2)  Select a mediator not on the commission's roster, if approved by the court. 

(d)(1)  A party may move to dispense with the order to mediate for good cause shown. 

(2)  For purposes of this subsection, "good cause shown" shall include, but not be limited to, a party's inability to pay the costs of mediation. 

(e)  Each court is further granted the discretionary authority to make, at the request of a party, appropriate orders to confirm and enforce the results produced by the dispute resolution process. 

History:

Acts 1993, No. 641, § 2; 2003, No. 1179, § 1.

Duty and Authority of State and Local Officers and Agencies and Governments.

It is the duty of all the elements of government expressed or implied by § 16-7-201(3), and they are hereby authorized, to use dispute resolution processes in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether between themselves and members of the public or between any other state or local officer, agency, government, or entity of this state or of any other state or any element or entity of the federal government. 

History:

Acts 1993, No. 641, § 3.

Counseling By Attorneys.

All attorneys licensed in this state when practicing in this state are encouraged to advise their clients about the dispute resolution process options available to them and to assist them in the selection of the technique or procedure, including litigation, deemed appropriate for dealing with the client's dispute, case, or controversy.

History:

Acts 1993, No. 641, § 4.

Duty to Keep Records of Dispute Resolution Efforts and to File Annual Reports.

The courts and all the other elements of government expressed or implied by § 16-17-201(3) may keep information concerning all their efforts to use dispute resolution processes, whether or not such efforts led to a successful outcome.

History:

Acts 1993, No. 641, § 5.

Confidentiality of Communications in Dispute Resolution Procedures.

(a)  Except as provided by subsection (c) of this section, a communication relating to the subject matter of any civil or criminal dispute made by a participant in a dispute resolution process, whether before or after the institution of formal judicial proceedings, is confidential and is not subject to disclosure and may not be used as evidence against a participant in any judicial or administrative proceeding.   
(b)  Any record or writing made at a dispute resolution process is confidential, and the participants or third party or parties facilitating the process shall not be required to testify in any proceedings related to or arising out of the matter in dispute or be subject to process requiring disclosure or production of information or data relating to or arising out of the matter in dispute.

(c)  If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the court having jurisdiction of the proceedings to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure. 

History:

Acts 1993, No. 641, § 6.