Section 810-RICR-20-00-1.4 - MEDIATIONA. Mediation may be requested by either party at any time during the negotiation.1. Mediation may be offered by a member of the staff, or an outside mediator acceptable to both parties and the Commission. The mediator shall decide the form that mediation will take, considering the desires of the parties and the nature of the disagreement.2. The request for mediation shall be in writing, briefly stating the issue or issues to be mediated, and with a synopsis of the position of each party. It will be served on the other party or parties to the negotiation in accordance with the Commission Rules no later than the day it is delivered to the Commission.3. The mediator may act formally or informally, without regard to procedural provisions elsewhere in our rules. The mediator may accept ex parte presentations from the parties. The mediator may use any methods of dispute resolution that he or she finds appropriate to the circumstances. The mediator may request information in writing or interview the technical and legal experts of the parties separately, or may have them engage in a panel discussion to reach agreement.4. Mediations will normally be conducted in private, though observers may be present if both parties and the mediator consent.5. All parties shall respond to reasonable requests for information in a timely manner, delivering the information requested in the form requested. If a party fails to provide the requested information in a timely manner, the mediator and the Commission may use the best information they can obtain from any source, without regard to rules of evidence. The mediator may also refer the matter to the Commission for consideration as a failure to negotiate in good faith.6. Information and positions adopted or provided during a mediation should be kept confidential, and are not binding on any party if the dispute is ultimately arbitrated.7. Mediators may not participate in or decide arbitrations which follow unsuccessful attempts to resolve a matter through mediation.810 R.I. Code R. 810-RICR-20-00-1.4