Mediation may be requested by the Complainant or Respondent at any time, or may be recommended by the Staff at any time, or may be recommended, ordered or terminated by the Hearing Panel or Panel Chairperson at a Prehearing Conference.
(1) Staff should inform Complainant and Respondent of the availability for Mediation at the earliest opportunity.
(2) In order for a party to request mediation, it must submit a written request to the Staff. The Staff will then notify all other parties of the filing and of the mediation session.
(3) The Commission will arrange for a qualified mediator to meet with the parties within thirty (30) days after a party requests mediation to attempt to settle the dispute.
(4) If any party refuses to attend a mediation session, or if mediation does not successfully resolve the dispute within ten (10) days after the first mediation session is held, the Staff must promptly refer the case to the Commission to schedule a hearing, if appropriate, unless a hearing has already been held.
(b) Mediation Process
(1) Mediation will consist of one or more meetings between the parties and their representatives, if any.
(2) Such meetings will be monitored by, presided over, and directed by a mediator.
(c) Mediator
(1) The mediator may meet with all parties, or separately with one or more parties.
(2) The mediator may provide factual information and analysis to the parties.
(3) The mediator may inform the parties of applicable law and Commission decisions related to the issues raised in mediation.
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