Section 20404 - Disqualification of Mediator(a) Any mediator selected pursuant to Labor Code section 1164, subdivision (b), shall be subject to disqualification for bias, prejudice, or interest in the outcome of the proceeding.(b) Whenever a mediator shall have knowledge of any fact, which by reason of bias or prejudice makes it appear probable that a fair and impartial mediation, within the meaning of Labor Code section 1164, et seq., cannot be held before him or her, it shall be his or her duty to immediately notify the Executive Secretary, setting forth all reasons for his or her belief.(c) Prior to the first mediation session, any party may request the mediator disqualify himself or herself whenever it appears probable that a fair and impartial mediation cannot be held by the selected mediator. The request shall be under oath and shall specifically set forth all facts constituting the grounds for the disqualification of the mediator.(1) If the mediator admits his or her disqualification, such admission shall be immediately communicated to the Executive Secretary, who shall refer the matter to the State Mediation and Conciliation Service for selection of another mediator in accordance with section 20403.(2) If the mediator does not disqualify himself or herself and withdraw from the proceeding, he or she shall so rule in writing or on the record, state the grounds for the ruling, and proceed with the mediation. The party requesting the disqualification may, upon issuance of the mediator's report, file for review of the mediator's report on the grounds set forth in Labor Code section 1164.3, subdivision (e), and in accordance with section 20408 of these regulations.Cal. Code Regs. Tit. 8, § 20404
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1164 and 1164.3, Labor Code.
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19).