The mediator is a hearing officer with DEM's Administrative Adjudication Division who is trained in mediation and is not otherwise involved in the case. The hearing officer is familiar with applicable law and regulations and has extensive experience in assisting adverse parties with settlement. If a party agrees to participate in mediation, the Department will not take any court action during the mediation process. For administrative matters, the Administrative Adjudication Division will stay the proceedings during the mediation process. The use or non-use of a mediator does not affect either party's right to a full administrative hearing or to initiate other settlement procedures should mediation fail or should a party choose to pull out of the process.
Mediation offers several benefits to the parties.
First, it offers the parties, not the mediator, the opportunity to create an acceptable resolution of the dispute. Second, mediation focuses efforts on an agreed end to a dispute, saving each side time and money while channeling resources toward a mutually productive end. Third, the parties are more likely to be satisfied with a solution that they created rather than a resolution imposed by a court or administrative decision.