Mich. Admin. Code R. 792.10297

Current through Vol. 24-19, November 1, 2024
Section R. 792.10297 - Mediators; standards of conduct; eligibility; application fee; list of mediators; removal, rejection, and reconsideration

Rule 297.

(1) A mediator has no authoritative decision-making power to resolve a contested case before the tribunal in mediation.
(2) A mediator shall comply with the standards of conduct for mediators as provided under MCR 2.411(G).
(3) An individual desiring to be certified as a mediator shall file a mediation application with the tribunal. The application must be on a form made available by the tribunal.
(4) An individual is eligible to be a mediator if both of the following requirements are met:
(a) The individual has 5 years of state and local tax experience, and that experience has occurred within the 7 years immediately preceding the submission of the application.
(b) The individual is qualified as a general civil mediator under MCR 2.411(F)(2) and (4).
(5) An individual that files an application and pays the application fee may be certified, if eligible, and placed on a published list of mediators for a period of 1 year at which time the individual shall reapply in the same manner as a new individual.
(6) The fee for the filing of an application to be certified as a mediator is $50.00.
(7) The tribunal shall review all applications and compile a list of certified mediators at least quarterly and publish the list of mediators on the tribunal's website.
(8) The mediator list must include all of the following:
(a) The hourly rate charged by each certified mediator for their mediation services.
(b) The type of tax the mediator is certified to mediate.
(c) A summary of the certified mediator's experience and training as a mediator.
(d) The forum or forums in which the mediator is certified to practice.
(9) The tribunal may remove a certified mediator from the list of mediators as provided by MCR 2.411(E)(4).
(10) If an individual files an application and pays the application fee but is not certified as a mediator or is removed from the list of mediators, the individual may file a motion seeking reconsideration of the rejection or removal. The motion must be considered by the tribunal chair.

Mich. Admin. Code R. 792.10297

2023 MR 19, Eff. 9/29/2023