Current through Register Vol. 24-18, September 15, 2024
The council supports parties' informal efforts to resolve
disputes when doing so is lawful and consistent with the public interest.
Alternative dispute resolution (ADR) includes any mechanism to resolve
disagreements, in whole or in part.
(1) Forms of ADR. Parties may agree to negotiate with other
parties at any time without council oversight. The council may direct parties
to meet or consult as provided in subsection (2) of this section, or may
establish or approve a collaborative process as provided in subsection (3) of
this section. The council may assign a mediator or facilitator to assist the
parties. The council may also assign an arbitrator whose decision is subject to
council review.
(2) Settlement conference. The council may invite or direct the
parties to confer among themselves or with a designated person. Settlement
conferences must be informal and without prejudice to the rights of the
parties.
(3) Collaborative.
(a) Defined; membership. A collaborative is a form of ADR and
is a council-sanctioned negotiation in which interested parties work with each
other and representatives of council staff to achieve consensus on one or more
issues assigned by the council or identified by the collaborative participants.
Any interested party whose interests may be substantially affected by the
result of the collaborative must be given an opportunity to participate.
Collaborative participants must inform the council and seek approval if a
collaborative changes its membership or redefines the issues it will
address.
(b) Communication with council. Communication between the
council and collaborative participants may be through council staff assigned to
serve as a third party neutral in the collaborative, or through the council
manager, subject to agreement among the participants to the form and substance
of any such communication.
(4) ADR guidelines. In any ADR process, the following apply
unless all participants agree otherwise:
(a) The parties, as their first joint act, will consider any
guidelines or directions by the council, and determine the ground rules
governing the negotiations;
(b) No statement, admission or offer of settlement made during
negotiations is admissible in evidence in any formal hearing before the council
without the consent of the participants or unless necessary to address the
process of the negotiations;
(c) To the extent permitted by law, parties may agree that
information exchanged exclusively within the context of settlement negotiations
will be treated as confidential as provided in a council protective order;
and
(d) Participants in a council-sanctioned ADR process must
periodically advise any nonparticipating parties and the council of any
substantial progress made toward settlement. Participants must immediately
advise the council if a council-sanctioned ADR process is without substantial
prospects of resolving the issue or issues under negotiation.
Statutory Authority:
RCW 80.50.040(1) and (12).
04-21-013, §
463-30-251, filed 10/11/04, effective
11/11/04.
