[§672B-13]  Submission of claim to an
alternative dispute resolution provider.  (a)  Any claim initially filed
with the design claim conciliation panel may be subsequently submitted to an
alternative dispute resolution provider upon the written agreement of all of
the parties to the claim and with the written approval of the director.  The
director shall approve the alternative dispute resolution provider and the
alternative dispute resolution procedures.



(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 claim
resubmitted to the design claim conciliation panel.



(c)  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 design professional's liability insurance carrier authorized to act for
the carrier, as appropriate, that the alternative dispute resolution process
has been completed.



(d)  The claimant may institute litigation
based upon the claim in an appropriate court only if:



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



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



(e)  No statement made in the course of the
approved 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 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 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 2007, c 207, pt of §2]