A. For purposes of this regulation, “alternative dispute resolution” means the process of resolving issues through a settlement conference, neutral case evaluation, neutral fact finding, mediation, other non-adjudicative method, or combination of those methods.
B. If all parties agree, and unless otherwise prohibited by law, an alternative dispute resolution proceeding may be scheduled by the Office.
C. An individual who presides at an alternative dispute resolution proceeding shall not preside over or take part in the prehearing conference, hearing on the merits, or other stage of the proceedings in that matter or any other matter arising from the same facts.
D. Confidentiality of Alternative Dispute Resolution Proceedings.
(1) Alternative dispute resolution proceedings are confidential and are closed to the public.
(2) Discussions in an alternative dispute resolution proceeding may not be made a part of the case record in any subsequent proceeding.
(3) Alternative dispute resolution proceedings, in whole or in part, may not be recorded electronically, captured through a screen shot, or preserved in any other manner.
(4) Parties participating in a remote alternative dispute resolution proceeding shall consent to an Agreement to Mediate Remotely, allow the mediator to sign the Agreement to Mediate Remotely on their behalf, and agree to participate from a private space that ensures the confidentiality of the alternative dispute resolution proceeding.
(5) An ALJ or other individual who conducts an alternative dispute resolution proceeding may not be called to testify, participate in discovery, or otherwise provide information in a subsequent proceeding related to the alternative dispute resolution proceeding or any other matter arising from the same facts as that proceeding.