Rule 100.Mediation and Other Forms of Alternative Dispute Resolution.

Last amended October 15, 2002 · Last verified July 6, 2026

In one sentenceRule 100 lets a party or the court itself refer a civil case to mediation after the complaint is filed, spelling out the mediation order's required contents, the mediator-challenge right, confidential mediation briefs, how conferences run, termination, confidentiality, and several other forms of alternative dispute resolution the same procedure can support.

Full Text of Rule 100

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Application. At any time after a complaint is filed, a party may file a motion with the court requesting mediation for the purpose of achieving a mutually agreeable settlement. The motion must address how the mediation should be conducted as specified in paragraph (b), including the names of any acceptable mediators. If domestic violence has occurred between the parties and mediation is requested in a matter covered by AS 25, mediation may only be ordered when permitted under AS 25.20.080, AS 25.24.060, or 25.24.140. In matters not covered by AS 25, the court may order mediation in response to such a motion, or on its own motion, whenever it determines that mediation may result in an equitable settlement. In making this determination, the court shall consider whether there is a history of domestic violence between the parties which could be expected to affect the fairness of the mediation process or the physical safety of the domestic violence victim. Mediation may not be ordered between the parties to, or in, a case filed under AS 18.66.100– 18.66.180.

(b) Order. An order of mediation must state:

(1) the name of the mediator, or how the mediator will be decided upon;

(2) any changes in the procedures specified in paragraphs (d) and (e), or any additional procedures;

(3) that the costs of mediation are to be borne equally by the parties unless the court apportions the costs differently between the parties; and

(4) a date by which the initial mediation conference must commence.

(c) Challenge of Mediator. Each party has the right once to challenge peremptorily any mediator appointed by the court if the “Notice of Challenge of Mediator” is timely filed pursuant to Civil Rule 42(c).

(d) Mediation Briefs. Any party may provide a confidential brief to the mediator explaining its view of the dispute. If a party elects to provide a brief, the brief may not exceed five pages in length and must be provided to the mediator not less than three days prior to the mediation. A party’s mediation brief may not be disclosed to anyone without the party’s consent and is not admissible in evidence.

(e) Conferences. Mediation will be conducted in informal conferences at a location agreed to by the parties or, if they do not agree, at a location designated by the mediator. All parties shall attend the initial conference at which the mediator shall first meet with all parties. Thereafter the mediator may meet with the parties separately. Counsel for a party may attend all conferences attended by that party.

(f) Termination. After the initial joint conference and the first round of separate conferences if separate conferences are required by the mediator, a party may withdraw from mediation, or the mediator may terminate the process if the mediator determines that mediation efforts are likely to be unsuccessful. Upon withdrawal by a party or termination by the mediator, the mediator shall notify the court that mediation efforts have been terminated.

(g) Confidentiality. Mediation proceedings shall be held in private and are confidential. The mediator shall not testify as to any aspect of the mediation proceedings. Evidence of conduct or statements made in the course of court-ordered mediation is inadmissible to the same extent that conduct and statements are inadmissible under Alaska Rule of Evidence 408. This rule does not relieve any person of a duty imposed by statute.

(h) Dismissal. If the mediation is successful, the party requesting mediation shall prepare a stipulation for dismissal which dismisses all or such portions of the action as have been concluded by mediation as agreed upon at the mediation.

(i) Other Forms of Alternative Dispute Resolution.

(1) Early Neutral Evaluation. Parties or the court may use the procedure set out in this rule to refer a case to early neutral evaluation instead of mediation. All provisions of this rule apply to a case in which early neutral evaluation has been ordered under paragraph (a).

(2) Arbitration. Parties may stipulate to arbitration without further order of the court.

(3) Settlement Conference. At any time after a complaint is filed, a party may file a motion with the court requesting a settlement conference with a judge for the purpose of achieving a mutually agreeable settlement. The court may order a settlement conference in response to such a motion or on its own motion.

(4) Local Dispute Resolution. Parties may agree to resolve disputes, subject to court approval, by referring them to tribal courts, tribal councils, elders’ courts, or ethnic organizations.

End

Amendment History

(Added by SCO 1116 effective July 15, 1993; amended by SCO 1130 effective July 15, 1993; by SCO 1269 effective July 15, 1997; by SCO 1318 effective July 15, 1998; and by SCO 1469 effective October 15, 2002)

Notes

Note to SCO 1269: Civil Rule 100(a) was amended by § 69 ch. 64 SLA 1996.

Plain-English Summary

After a complaint is filed, a party can move for mediation to try to reach a mutually agreeable settlement, addressing how the mediation should run and naming any acceptable mediators. Where domestic violence has occurred between the parties in a matter covered by AS 25 (Alaska's family-law title), mediation can be ordered only as AS 25.20.080, AS 25.24.060, or 25.24.140 permit; outside AS 25 matters, the court can order mediation on a party's motion or its own, weighing whether a history of domestic violence would affect the process's fairness or the victim's physical safety, and mediation can't be ordered at all in a case filed under AS 18.66.100–18.66.180 (Alaska's domestic violence protective-order statutes). The mediation order must name the mediator or explain how one will be chosen, note any changes to the standard procedures, state how costs are split (equally, unless the court apportions them differently), and set a date for the first conference. Each party can peremptorily challenge one mediator the court appoints, by timely filing a Notice of Challenge of Mediator under Rule 42(c).

Any party may submit a confidential brief, capped at five pages, to the mediator at least three days before the mediation; the brief can't be disclosed without the party's consent and isn't admissible in evidence. Conferences happen wherever the parties agree, or the mediator designates if they can't agree — all parties attend the first joint conference, after which the mediator may meet with them separately, and each party's counsel can attend every conference that party attends. After the initial joint conference and any required first round of separate conferences, a party may withdraw, or the mediator may terminate the process as unlikely to succeed, with the mediator then notifying the court. Mediation proceedings are private and confidential, the mediator can't testify about them, and conduct or statements made during mediation are inadmissible to the same extent Alaska Rule of Evidence 408 already makes settlement talks inadmissible — though the rule doesn't excuse anyone from a separately imposed statutory duty. If mediation succeeds, the requesting party prepares a stipulation dismissing whatever portion of the case the mediation resolved.

The same rule extends to other dispute-resolution methods: early neutral evaluation (parties or the court can substitute it for mediation, with all of this rule's provisions applying), arbitration (parties can stipulate to it without a court order), a settlement conference with a judge (available on a party's motion or the court's own), and local dispute resolution (parties can agree, subject to court approval, to refer disputes to tribal courts, tribal councils, elders' courts, or ethnic organizations).

Frequently Asked Questions

Can I request mediation any time after I file my lawsuit?

Yes — a party can move for mediation at any point after the complaint is filed, and the court can also order it on its own motion when doing so may lead to an equitable settlement.

Are my mediation statements confidential?

Yes — mediation proceedings are private and confidential, the mediator can't testify about them, and conduct or statements made during mediation are inadmissible to the same extent as settlement discussions under Alaska Rule of Evidence 408.

Does this rule cover anything besides traditional mediation?

Yes — it also covers early neutral evaluation, arbitration by stipulation, judge-led settlement conferences, and, with court approval, referral to tribal courts, tribal councils, elders' courts, or ethnic organizations for local dispute resolution.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 100). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: mediation Alaska civil rulealternative dispute resolution Alaskasettlement conference Alaska civil caseRule 100 AlaskaAlaska R. Civ. P. 100