Consultation with the Chief Administrative Law Judge is advisable, since the ALJs have other mediations and case loads that may make them unavailable for your mediation. Mindful that mediation must be consensual, parties to a permit or enforcement hearing may consent to mediation or some other informal mechanism to resolve the environmental conflict. The ALJ assigned to the case is your point of contact. The ALJ assigned may serve as mediator or another ALJ can be assigned. With the consent of all the parties, the ALJ may continue as the judge on the case.
People tend to evaluate negotiations in terms of success or failure.
Sometimes mediation resolves part, but not all, of the dispute. At other times, unsuccessful mediation stimulates new thinking and better understanding of positions. This information is often used to reach a settlement outside of the mediation. Mediations are treated as highly sensitive negotiations. When the mediation commences, all caucuses are private and confidential.