The Notification Center shall establish a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all Operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities including but not limited to, any cost or damage incurred by the Operator or the excavator as a result of any delay in the excavation project while the Underground Facility is restored, repaired or replaced, exclusive of civil penalties set forth in section 699 of this chapter which cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate process of dispute resolution. The issue of liability and amount of damages under territorial law may be decided by the appointed arbitrator or by the parties in mediation. Nothing in this section may be construed to change the basis for civil liability for damages.