§ 32-42-03 — Alternative dispute resolution

1. Before initiating a health care malpractice action, the attorney representing a claimant
shall advise the claimant about all reasonably available alternative dispute resolution
options that may be available to the parties to settle the claim.
2. At the earliest opportunity after the attorney for a health care provider has notice of a
potential health care malpractice claim or action, the attorney shall advise the health
care provider about all reasonably available alternative dispute resolution options that
may be available to the parties to settle the claim.
3. The claimant and health care provider shall make a good-faith effort to resolve part or
all of the health care malpractice claim through alternative dispute resolution before
the claimant initiates a health care malpractice action.

4. The attorneys for the claimant and health care provider shall state in the pleadings that
they have complied with subsections 1 and 2 and that the parties have complied with
subsection 3.
5. The court may sanction an attorney who fails to comply with subsection 1 or 2.
6. Notwithstanding section 28-26-01, the court, upon a finding that a party refused to
comply with subsection 3, may award reasonable actual and statutory costs, including
part or all of the attorney's fees to the prevailing party or parties.