048-1 Wyo. Code R. § 1-6

Current through April 27, 2019

Section 1-6 - Mediation

Within five days of a request for hearing, the Director shall initiate steps to conduct a mediation conference, unless either party waives the mediation conference.

(a) The purpose of the mediation conference is to attempt to resolve the differences and, if possible, avoid a hearing.

(i) The Director shall appoint a mediator to carry out all mediation activities. A mediator shall meet the same criteria as a hearing officer as specified in Section 7(b).

(iii) The Director shall ensure that mediation is voluntary and freely agreed to by both parties, and is in no way used to deny or delay an aggrieved party's right to a hearing.

(iii) The mediation conference shall be an intervening, informal process conducted in a non-adversarial atmosphere.

(iv) The mediation shall be completed within 15 calendar days of receipt by the Director of a request for a hearing.

(b) Either party to the mediation conference may request that the mediator grant a continuance. Such a continuance shall be granted upon a showing of good cause. Any continuance shall not extend the 45 calendar day maximum for completion of the hearing process and rendering of the final administrative decision, unless the contestant is agreeable to an extension. Such a continuance shall extend the time for rendering a final administrative decision for a period only equal to the length of the continuance.

(c) The mediation resolution shall not conflict with state or federal law and shall be to the satisfaction of both parties. Satisfaction shall be indicated by the signatures of both parties on the written resolution.

(d) A copy of the written resolution shall be mailed by the mediator to each party within five calendar days following the mediation conference. A copy shall also be filed by the mediator with the Director.

048-1 Wyo. Code R. § 1-6