ALASKA COURT RULES

(b) Procedure. The following procedure must be observed concerning telephonic participation in court hearings: (b) Order. An order of mediation must state: (1) the name of the mediator, or how the mediator will be (1) Hearings involving telephonic participation must 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 parties unless the court apportions the costs differently between the parties; and (4) a date by which the initial mediation conference must commence. (c) Challenge of Mediator. Each party 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 party may provide a confidential brief to the mediator explaining its view of the dispute. If a party 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. A party’s mediation brief may not be disclosed to anyone without the party’s consent and is not admissible in evidence. (e) Conferences. Mediation will be conducted in informal conferences at a location agreed to by the parties or, if they do not agree, at a location designated by the mediator. All parties shall attend the initial conference at which the mediator shall first meet with all parties. Thereafter the mediator may meet with the parties separately. Counsel for a party may attend all conferences attended by that party. (f) Termination. After the initial joint conference and the first round of separate conferences if separate conferences are required by the mediator, a party 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 a party or termination by the mediator, the mediator shall notify the court that mediation efforts have been terminated. (g) Confidentiality. Mediation proceedings shall be held in private and are confidential. 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 is inadmissible to the same extent that conduct and statements are inadmissible under Alaska Rule of Evidence 408. This rule does not relieve any person of a duty imposed by statute. scheduled in the same manner as other hearings. (2) When telephonic participation is requested, the court, before the hearing, shall designate the party responsible for arranging the call and the party or parties responsible for payment of the call pursuant to Administrative Rule 48. (3) Upon convening a telephonic proceeding, the judge shall: (i) Recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing; (ii) Ascertain that all statements of all parties are audible to all participants; (iii) Give instructions on how the hearing is to be conducted, including notice that in order to preserve the record speakers must identify themselves each time they speak. (4) A verbatim record must be made in accord with Administrative Rule 35. (c) The right of public access to court proceedings must be preserved in accordance with law. (Added by SCO 623 effective June 15, 1985; amended by SCO 790 effective March 15, 1987; by SCO 922 effective January 15, 1989; and by SCO 1733 effective June 4, 2010) Note: Chapter 44, section 4, SLA 2010 (HB 334), effective June 4, 2010, amended Civil Rule 99 relating to child custody, modification, and visitation standards for a military parent, as reflected in section 1 of this Order. The changes to Civil Rule 99 are adopted for the sole reason that the legislature has mandated the amendments.