42.2.618    MEDIATION PROCEDURES

(1) The resolution of any matter in connection with a dispute may be pursued through mediation.

(2) Mediation may be requested at the initial conference. If both parties agree, mediation may also occur during the initial conference.

(a) The mediator may either be a hearing examiner from the Office of Dispute Resolution, or a mediator from outside the department. The mediator shall be chosen with the consent of both parties.

(b) If an outside mediator is selected, the cost of the mediator shall be paid by the "person" or "other entity" as defined in ARM 42.2.613.

(3) It will be understood that any person appearing on behalf of a party shall have full settlement authority for the party they are representing.

(4) If mediation produces a settlement agreement the written agreement shall be prepared by the parties and if necessary, with the assistance of the mediator. The settlement shall be signed by the parties and the mediator and it shall be filed with the director or director's designee for approval.

(5) If mediation does not resolve all issues in a dispute, the parties shall prepare a stipulation that identifies the issues resolved and those that still remain in dispute. For the issues remaining unresolved, a hearing shall be scheduled before a hearing examiner.

History: 15-1-201, 15-1-211, MCA; IMP, 15-1-211, MCA; NEW, 1999 MAR p. 2900, Eff. 12/17/99.