If informal disposition cannot be reached by the parties, the use of ADR at any time before or after a contested case has been initiated is encouraged. A presiding officer may inquire as to the status of ADR or otherwise encourage parties to undertake ADR, but a presiding officer may not order parties to undertake ADR without the agreement of all parties. No party may be penalized or sanctioned for failing or refusing to participate in ADR, except where a party refuses or fails to participate in mandatory or binding ADR that the parties have voluntarily agreed to.
Idaho Admin. Code r. 62.01.01.151