Current through Vol. 24-21, December 1, 2024
Section R. 460.906 - Formal mediationRule 6.
(1) If the parties have been unable to resolve a dispute, the complaining party may file a written notice of dispute with the commission. The notice of dispute must state the specific grounds for the dispute, sufficient facts to support the allegations, the relief requested, and must contain all information, testimony, exhibits, or other documents and information within the party's possession on which the party intends to rely to support the party's position. After the filing of the written notice of dispute, the following must occur: (a) The complaining party shall give notice that it is invoking the procedures in this rule. The complaining party shall send the notice to the non-complaining party's email address and file the notice with the commission.(b) The non-complaining party shall acknowledge the notice of dispute within 10 business days of its receipt and identify a representative with the authority to make decisions on its behalf with respect to the dispute.(c) An administrative law judge shall serve as the mediator in these proceedings. The administrative law judge may request and receive assistance from commission staff.(d) Within 60 business days from the date the non-complaining party acknowledges the dispute, the mediator shall issue a recommended settlement.(e) Within 5 business days after the date the recommended settlement is issued, each party shall file with the commission a written acceptance or rejection of the recommended settlement. If the parties accept the recommendation, then the recommendation shall become an order. If a party rejects or fails to respond within 5 business days to the recommended settlement, then the dispute may proceed to a contested case hearing before the commission as provided in R 792.10415.(2) Nothing in these rules precludes a disputing party from filing a formal complaint with the commission, either instead of or after pursuing informal mediation or formal mediation pursuant to these rules.(3) The initiation of any form of dispute resolution by a party tolls any applicable deadlines under these rules until the dispute is resolved.Mich. Admin. Code R. 460.906
2023 MR 8, Eff. 4/25/2023