Administrative Rule 43 - JOINT COMMITTEE ON ALTERNATIVE DISPUTE RESOLUTION

Obsolete Date: 8/11/2021

SECTION 1.PURPOSE.

The North Dakota Supreme Court and the State Bar Association of North Dakota ("Association") recognize the importance of alternative dispute resolution ("ADR") as a tool to assist the citizens of North Dakota in resolving disputes in a timely and cost-effective manner. The joint Committee established by this rule is responsible for continuing study and review of ADR in the justice system.

SECTION 2. MEMBERSHIP.

A. The Joint Committee on Alternative Dispute Resolution is composed of six members, including two lay members, appointed by the Chief Justice after consultation with the Supreme Court and five members, including one lay member, appointed by the Board of Governors of the Association. Of the members initially appointed and as determined by lot at the first meeting, three members will be appointed for one year, four members will be appointed for two years, and four members will be appointed for three years. Thereafter, each appointment is for a three-year term. Each member is eligible for reappointment but may not serve more than two consecutive terms. Each member serves until the member's successor is appointed.

B. Each member is entitled to reimbursement by the member's appointing authority for actual expenses incurred in the performance of committee duties.

C. The Chief Justice, after consultation with the President of the Association shall appoint the committee chair, whose term as chair may not exceed two years.

SECTION 3. DUTIES OF THE COMMITTEE.

A. The Committee shall:

1. Study and review trends in ADR and make recommendations for the improvement of ADR programs in the State of North Dakota;

2. Develop administrative rules regarding ADR procedures for consideration by the Supreme Court;

3. Develop education standards and ethical rules for neutrals, mediators and arbitrators for consideration by the Supreme Court;

4. Approve training programs for neutrals as required by N.D.R.Ct. 8.9(e);

5.Study and make recommendations concerning the need to implement a discipline program relating to neutrals or some other safeguard to ensure the protection of the public; and

6. Consider other matters involving ADR referred to it by the Supreme Court or the Board of Governors of the Association.

B. The Committee shall make any reports as requested by the Supreme Court or the Board of Governors and shall submit any recommendations to the Board of Governors for review and comment before submission of final recommendations to the Supreme Court.

SECTION 4. STAFFING.

Staff services for the Committee will be provided by the Association. Administrative costs will be shared by the Supreme Court and the Association as mutually agreed.

Dated at Bismarck, North Dakota, this December 6, 2000.

Gerald W. VandeWalle, Chief Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice

ATTEST:
Colette M. Bruggman
Chief Deputy Clerk 

Adopted effective January 1, 2001; Appendix approved effective March 6, 2003, subject to comment; Appendix approved on a final basis April 16, 2003.