Environmental & Healthcare Legislative Watch50 States · D.C. · U.S. Congress
From official state and federal legislative records. Informational only, not legal advice.
With a committee
A small team of lawmakers (a committee) is reading it closely and deciding if it's a good idea.
Next: the committee votes on whether it moves to the full chamber.
In plain words
AI summaryWritten by AI from the bill text. Check the official text before relying on it.
SB 1039 - This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, by either rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may: (1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court; (2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or (3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process. Once a motion has been filed, the ADR process shall not occur until a ruling and, if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense. A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall: (1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest; (2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and (3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest. After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writ
