§671-16.6  Submission of inquiry to an alternative dispute resolution provider.  (a)  Any inquiry initially filed with the medical inquiry and conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties and with the written approval of the director of commerce and consumer affairs.  The director shall approve the alternative dispute resolution provider and the alternative dispute resolution procedures.  All filing fees, less a processing fee of $50, shall be refunded to the appropriate parties if the panel was not constituted or had not taken any action related to the inquiry prior to the submission of the inquiry to an alternative dispute resolution provider.  If the panel was constituted or took any action prior to the submission of the inquiry to an alternative dispute resolution provider, the remaining balance of any filing fees shall be refunded to the appropriate parties, less a processing fee of $50 and a pro-rata amount to be determined by the director.

     (b)  The parties shall comply with the procedures established by the alternative dispute resolution provider and approved by the director.  If a party does not comply with those procedures, any other party may file a motion with the director to have the inquiry resubmitted to the medical inquiry and conciliation panel.  The director may collect any filing fees that were refunded pursuant to subsection (a) from a party that resubmits its inquiry.

     (c)  Notwithstanding section 671-12, any inquiry may be submitted directly to an alternative dispute resolution process upon the written agreement of all parties without first submitting the inquiry to a medical inquiry and conciliation panel.  A written agreement shall be effective as of the date of its execution by the parties.  Any inquiry submitted directly to alternative dispute resolution need not be subsequently submitted to a medical inquiry and conciliation panel and shall not be subject to filing fees assessed by the director for the medical inquiry and conciliation panel.

     (d)  Within thirty days after the completion of the alternative dispute resolution process, the alternative dispute resolution provider shall notify all parties concerned, their counsel, and the representative of each health care provider's liability insurance carrier authorized to act for the carrier, as appropriate, that the alternative dispute resolution process has been completed.

     (e)  The party submitting the inquiry may institute litigation based upon the inquiry in an appropriate court only if:

     (1)  The parties were not able to resolve the entire matter through the alternative dispute resolution process and the matter has not been resubmitted to the medical inquiry and conciliation panel pursuant to subsection (b) of this section; or

     (2)  The matter has not been resolved through the alternative dispute resolution process after twelve months from the date the matter was filed with the approved or agreed upon alternative dispute resolution provider.

     (f)  No statement made in the course of the approved or agreed upon alternative dispute resolution process shall be admissible in evidence as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action.  No decision, conclusion, finding, or recommendation of the approved or agreed upon alternative dispute resolution provider on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the approved or agreed upon alternative dispute resolution hearing, their counsel, or other representative of the party, refer or comment thereon in an opening statement, in an argument, or at any time, to the court or jury. [L 2003, c 211, §2; am L 2012, c 296, pt of §4]