Section Inst 702.05 - Mediation Procedure(a) A request for mediation shall be made in writing by either party to the board. The mediation request shall specify the issue or issues in dispute and the relief sought.(b) Once the mediation procedure is selected, the board shall provide the parties with the name and address of a mediator who has a minimum of 20 hours of mediation training or a hearings examiner with 5 years experience in a quasi judicial role.(c) All mediation sessions shall be conducted at the joint board office. The board shall establish the time and date for the session.(d) A mediation conference shall be conducted within 30 calendar days after receipt of a written request in order to:(3) Suggest an equitable resolution to the dispute.(e) The role of the mediator shall be:(1) To facilitate communication;(2) To define the issues and explore possible resolutions to the dispute;(3) To remain neutral; and(4) To insure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.(f) Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.(g) The mediator shall not have the authority to render a decision or impose a settlement on the parties.(h) The mediation conference shall consist of a session or sessions with the parties and their counsel, if available, to facilitate a settlement acceptable to the parties.(i) Not later than 10 days prior to the session the parties shall submit to the mediator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely; such summaries shall be not more than 4 pages.(j) Upon receipt of a party's submission, any party may send additional information responding to that submission. All such responsive submissions shall be exchanged with the opposing party and shall contain a statement of compliance with the exchange requirement.(k) If resolution cannot be achieved on the date assigned, the mediator shall continue the mediation process, either with additional in-person mediation sessions or telephone conferences.(l) Within 30 days of the initial mediation session, the mediator shall file a report with the board advising that the case has been settled, that meditation is ongoing, or that mediation failed to resolve the dispute.(m) The mediator shall file a final report with the board within 3 days of the final mediation session.N.H. Admin. Code § Inst 702.05
#8494, eff 12-24-05; ss by #10115, eff 4-14-12