North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-04 - Mediation procedure

Current through Supplement No. 393, July, 2024
The mediation process is an informal, confidential, and
				  nonadversarial process in which an impartial person, the mediator, assists the
				  parties in efforts to resolve differences between them. The mediator has no
				  authority to compel a resolution.
1.
				To the extent there is a conflict between these guidelines and the commission's
				rules of practice and procedure, the commission suspends its rules of practice
				and procedure under the authority of section
				69-02-01-11.
2. Section 251(c)(1) of the Act imposes a
				duty on the parties to negotiate in good faith. For purposes of these rules,
				the duty to negotiate in good faith means a willingness to meet at reasonable
				times and at reasonable places with the intent and purpose of providing and
				sharing of information necessary to accomplish meaningful negotiation,
				cooperating in the negotiation process, and to negotiate with an attitude of
				openness and willingness to achieve a negotiated agreement. The duty to
				negotiate in good faith does not mean that the parties must reach agreement on
				any or all items being negotiated.
3. Parties to the mediation process may be
				represented by counsel or representatives of each party's choice. All parties
				shall provide to each other and to the mediator, in advance of the initial
				mediation session, the name, address, occupation, and telephone number of their
				counsel or representative.
4.
				Within fifteen days of the filing of the request for mediation, each party
				shall submit to the mediator a written statement summarizing the dispute and
				the issues or points in conflict, and the party's position on each point in
				conflict. The mediator may request such additional information the mediator
				determines is necessary to familiarize the mediator with the dispute.
5. Within ten days of the filing
				of the summary statements, the mediator shall convene the initial mediation
				conference. The purpose of the initial conference is to establish a procedural
				schedule for the process, and to attempt to identify, simplify, and limit
				issues to be resolved. In addition, each party will be expected to informally
				present its position to the mediator.
6. The mediator will conduct the mediation
				sessions and will control all procedural aspects of the mediation. The mediator
				will schedule mediation sessions in consultation with the parties. The parties
				are expected to cooperate fully with the mediator.
7. Participation in mediation proceedings is
				restricted to the parties to the mediation, unless otherwise mutually agreed to
				by the parties and the mediator. Mediation proceedings are closed to the
				public.
8. The mediator may meet
				and communicate individually with the parties or their attorneys in an attempt
				to bring the disputing parties closer to agreement and may request that the
				parties not communicate directly with each other without the mediator's
				concurrence.
9. The mediation
				process is confidential to the extent permitted by law. No stenographic record
				of the proceedings or any part thereof may be taken.
10. The mediator shall not provide legal
				advice to the parties. The mediator's statements as to law or policy are not
				binding on the commission.
11. The
				parties shall cooperate in the exchange of information needed or useful in the
				negotiation. The mediator may call a joint meeting to assist the parties in an
				agreement for the exchange of information. All documents must be returned to
				the originating party at the conclusion of the mediation process.
12. At any time during the mediation process,
				the mediator may request either party to provide additional information for
				clarification purposes and to assist in the resolution of the dispute.
13. The parties are expected to
				initiate and present proposals for resolution of disputed issues and to provide
				justification for their position. The mediator may also present recommendations
				for the resolution of disputed issues at any point in the mediation process.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 28-32-08,
					 49-01-07