Section 69-02-11-04 - Mediation procedure The mediation process is an informal, confidential, and nonadversarial process in which an impartial person, the mediator, assists the parties in efforts to resolve differences between them. The mediator has no authority to compel a resolution.
1. To the extent there is a conflict between these guidelines and the commission's rules of practice and procedure, the commission suspends its rules of practice and procedure under the authority of section 69-02-01-11. 2. Section 251(c)(1) of the Act imposes a duty on the parties to negotiate in good faith. For purposes of these rules, the duty to negotiate in good faith means a willingness to meet at reasonable times and at reasonable places with the intent and purpose of providing and sharing of information necessary to accomplish meaningful negotiation, cooperating in the negotiation process, and to negotiate with an attitude of openness and willingness to achieve a negotiated agreement. The duty to negotiate in good faith does not mean that the parties must reach agreement on any or all items being negotiated. 3. Parties to the mediation process may be represented by counsel or representatives of each party's choice. All parties shall provide to each other and to the mediator, in advance of the initial mediation session, the name, address, occupation, and telephone number of their counsel or representative. 4. Within fifteen days of the filing of the request for mediation, each party shall submit to the mediator a written statement summarizing the dispute and the issues or points in conflict, and the party's position on each point in conflict. The mediator may request such additional information the mediator determines is necessary to familiarize the mediator with the dispute. 5. Within ten days of the filing of the summary statements, the mediator shall convene the initial mediation conference. The purpose of the initial conference is to establish a procedural schedule for the process, and to attempt to identify, simplify, and limit issues to be resolved. In addition, each party will be expected to informally present its position to the mediator. 6. The mediator will conduct the mediation sessions and will control all procedural aspects of the mediation. The mediator will schedule mediation sessions in consultation with the parties. The parties are expected to cooperate fully with the mediator. 7. Participation in mediation proceedings is restricted to the parties to the mediation, unless otherwise mutually agreed to by the parties and the mediator. Mediation proceedings are closed to the public. 8. The mediator may meet and communicate individually with the parties or their attorneys in an attempt to bring the disputing parties closer to agreement and may request that the parties not communicate directly with each other without the mediator's concurrence. 9. The mediation process is confidential to the extent permitted by law. No stenographic record of the proceedings or any part thereof may be taken. 10. The mediator shall not provide legal advice to the parties. The mediator's statements as to law or policy are not binding on the commission. 11. The parties shall cooperate in the exchange of information needed or useful in the negotiation. The mediator may call a joint meeting to assist the parties in an agreement for the exchange of information. All documents must be returned to the originating party at the conclusion of the mediation process. 12. At any time during the mediation process, the mediator may request either party to provide additional information for clarification purposes and to assist in the resolution of the dispute. 13. The parties are expected to initiate and present proposals for resolution of disputed issues and to provide justification for their position. The mediator may also present recommendations for the resolution of disputed issues at any point in the mediation process. N.D. Admin Code 69-02-11-04
General Authority: NDCC 28-32-02, 49-02-11
Law Implemented: NDCC 28-32-05.1, 28-32-08, 49-01-07