| (a) When the alternative dispute resolution coordinator
receives a referral or request for the use of alternative dispute
resolution, the coordinator will assess whether an alternative dispute
resolution process is appropriate for the dispute and, if so, will
determine the type of process that is most likely to result in an
agreement.
(b) Reasons that the coordinator may determine that
the use of an alternative dispute resolution process is not appropriate
include:
(1) previous determinations concerning the matter in
dispute provide a clearly established precedent for resolving the
matter;
(2) the use of an alternative dispute resolution process
is an inefficient use of the department's resources compared to other
processes that may be used to resolve the dispute;
(3) the dispute involves significant unresolved legal
issues that must be resolved before an alternative dispute resolution
process is likely to be effective;
(4) the dispute significantly affects organizations
or individuals who would not be participants in the process and whose
interests would not be adequately represented by participants; and
(5) the use of an alternative dispute resolution process
cannot provide a public record of the proceeding, which is important
or necessary for the particular type of dispute.
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