00CS FOR HOUSE BILL NO. 10(L&C)                                                                                           
01 "An Act requiring mediation in a civil action against an architect, engineer, or                                        
02 land surveyor; amending Rule 100, Alaska Rules of Civil Procedure."                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.55 is amended by adding a new section to read:                                                   
05 Article 9. Malpractice Action Against Design Professional.                                                              
06  Sec. 09.55.700.  Mandatory mediation.  (a)  A civil action against a design                                           
07 professional seeking damages resulting from professional negligence shall be submitted                                  
08 to mediation unless all the parties to the civil action agree to waive mediation.  The                                  
09 court shall order that mediation be conducted as provided under the Alaska Rules of                                     
10 Civil Procedure, except that, if the court requires the costs of mediation be paid by the                               
11 party defending against the civil action, the provisions of this section may be waived                                  
12 at the election of the party defending against the civil action.  If a party to the                                     
13 mediation is determined by the court to be indigent, the court may impose the costs                                     
14 of mediation on another party.  If more than one party is defending against the civil                                   

01 action, waiver of mediation is not allowed unless all defending parties agree to the                                    
02 waiver.  For purposes of waiver allowed under this subsection, "civil action" does not                                  
03 include a counterclaim, third-party claim, or cross claim.                                                              
04  (b)  In this section,                                                                                                 
05   (1)  "design professional" means an architect, engineer, or land surveyor                                            
06 licensed in this state;                                                                                                 
07   (2)  "professional negligence" means a negligent act or omission by a                                                
08 design professional in providing professional services;                                                                 
09   (3)  "professional services" means services provided by a design                                                     
10 professional that are within the scope of the services for which the design professional                                
11 is licensed.                                                                                                            
12    * Sec. 2.  AS 09.55.700, enacted by sec. 1 of this Act, has the effect of amending Rule 100,                         
13 Alaska Rules of Civil Procedure, by requiring, in a civil action against a design professional,                         
14 the parties to request mediation and the court to order mediation.                                                      
15    * Sec. 3.  This Act applies to causes of action that accrue on or after the effective date of                        
16 this Act.