Section ATCP 162.04 - Mediation(1) REQUEST FOR MEDIATION. A person requesting mediation shall submit the request to the department in writing, on a form provided by the department. The request shall include all the following: (a) A statement of the issue or issues that the requester seeks to resolve by mediation.(b) The name and address of each proposed party, or that party's authorized representative. Note: You may obtain a mediation request form from the department, and submit a completed request form to the department, at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Development Division, Farm Center
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) AGREEMENT TO MEDIATE. If the parties to a proposed mediation agree to mediate, they shall sign a mediation agreement, on a form provided by the department. The parties may sign the same form or separate identical forms that identify all the parties to the proposed mediation. The agreement shall set forth the terms and conditions of mediation. Note: The department will normally provide each party with a copy of the mediation agreement form prior to the initial mediation session. The mediator will normally review the agreement with the parties and have them sign the agreement at the first mediation session. You may obtain a copy of the mediation agreement form by contacting the department at:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Development Division, Farm Center
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(3) MEDIATION ASSISTANCE. The department may assign an advisor under s. 93.51, Stats., to help a farmer prepare for mediation. The advisor may help a farmer prepare for mediation, but may not take a position with respect to the competing claims of the parties in mediation.(4) MEDIATOR APPOINTMENT.(a) The department may provide the parties with the names, addresses and qualifications of potential mediators, as provided in s. 93.50(3) (e), Stats., or may appoint a mediator with the authorization of the parties.(b) If any party declines to authorize department appointment of a mediator, the parties shall choose a mediator from among those named by the department. The department shall then appoint the chosen mediator.(c) When the department appoints a mediator under par. (a) or (b), the department shall notify all parties of the appointment.(d) The appointed mediator shall enter into a written agreement with the department under s. ATCP 162.03 (2), and shall then assume responsibility for directing the mediation proceeding.(5) MEDIATION PROCEEDINGS. (a) A mediator shall conduct mediation proceedings at times and places agreed upon by the parties and the mediator. A mediator may conduct mediation proceedings with the parties by telephone. The mediator may hold joint or separate sessions with the parties, as the mediator deems necessary.(b) With the agreement of the parties, the mediator may request other persons to participate in the mediation proceedings. Parties may have representatives present at mediation sessions.(c) The mediator may regulate mediation proceedings to prevent disruptions, and may terminate mediation sessions in his or her discretion.(d) The parties may agree to start or continue mediation proceedings while a court action is pending between the parties, regardless of whether the court action is stayed under s. 93.50(2m), Stats. Mediation proceedings may not violate a court order or an automatic stay in bankruptcy.(6) AGREEMENT AFTER MEDIATION. The parties to a mediation proceeding may reduce their interim and final agreements, if any, to writing. At the conclusion of the mediation proceedings, the mediator shall provide the department with copies of all written agreements. Agreements may provide for continued mediation at a future date. The parties are solely responsible for their agreements and for the enforcement of their agreements. An agreement is subject to applicable laws and court orders, and is subject to the exercise of rights by persons who are not parties to the agreement.(7) WITHDRAWING FROM MEDIATION. A party may withdraw from mediation at any time.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 162.04
Amended by, CR 04-005: cr. Register October 2004 No. 586, eff. 11-1-04.