Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 162 - Farm Mediation And Arbitration Program › Section ATCP 162.03 - Mediators and arbitrators; general

Current through June 24, 2024
(1) APPOINTMENT AND
				QUALIFICATIONS. The department shall appoint mediators according to s. ATCP
				162.04 (4). The department shall appoint arbitrators according to s. ATCP
				162.05 (2). Mediators and arbitrators shall possess the qualifications required
				under ss.
				93.50(2)
				(a) and (am), Stats. Mediators and
				arbitrators shall successfully complete all training required by the
				department. Mediators and arbitrators shall be impartial.
(2) WRITTEN AGREEMENT. The department shall
				enter into a written agreement with each mediator or arbitrator. The agreement
				shall set forth the terms and conditions under which the mediator or arbitrator
				will provide mediation and arbitration services under s.
				93.50,
				Stats., and this chapter.
(3)
				MEDIATOR FUNCTIONS. If parties consent to mediation under s.
				93.50,
				Stats., and this chapter, the appointed mediator shall encourage and assist the
				parties to reach a voluntary settlement as provided in s.
				93.50(3)
				(f), Stats. Neither the mediator nor the
				department may impose a settlement upon any party.
(4) ARBITRATOR FUNCTIONS. If parties consent
				to arbitration under s.
				93.50,
				Stats., and this chapter, an arbitrator shall conduct an arbitration proceeding
				and render an arbitration award. Arbitration proceedings shall conform to ch.
				788, Stats., and this chapter.
(5)
				ADVISING PARTIES. No mediator or arbitrator may provide legal, financial or
				therapeutic advice to any party in a mediation or arbitration proceeding. At
				the request of a party, a mediator may refer the party to alternative sources
				of professional consultation or assistance. A mediator may not solicit or
				accept any payment or thing of value, either directly or indirectly, in return
				for making a referral.
(6)
				CONFIDENTIALITY. Except as otherwise agreed by the parties and the department,
				or as provided in s.
				904.085,
				Stats., mediators and arbitrators shall keep confidential all information and
				records obtained in connection with a mediation or arbitration proceeding. At
				the conclusion of the proceeding, the mediator shall file all records with the
				department.
(7) ETHICS.
(a) No mediator or arbitrator may, during a
				mediation or arbitration proceeding or within one year after that proceeding is
				concluded, provide or offer to provide, for compensation, any service to a
				person who is a party to that proceeding before that mediator or
				arbitrator.
(b) No mediator or
				arbitrator may provide or offer to provide, for compensation, to a person who
				is a party to a mediation or arbitration proceeding before that mediator or
				arbitrator, any service related to any issue raised in that
				proceeding.
(c) No mediator or
				arbitrator may solicit or accept, directly or indirectly, from a party to a
				mediation or arbitration proceeding, any of the following:
1. Anything of value that could reasonably be
				expected to influence the actions or judgment of the mediator or arbitrator, in
				his or her capacity as a mediator or arbitrator.
2. Anything of value that could reasonably be
				considered as a reward for any action or inaction by the mediator or
				arbitrator, in his or her capacity as a mediator or arbitrator.
(d) No mediator or arbitrator may
				disclose confidential information gained as a result of his or her service as a
				mediator or arbitrator, or use that information in any way that could result in
				the receipt of anything of value by the mediator or arbitrator, or any person
				or organization with which the mediator or arbitrator is associated.
(e) No mediator or arbitrator may use or
				attempt to use his or her position as a mediator or arbitrator to gain unlawful
				benefits, advantages or privileges for himself or herself, or for
				others.
(f) A mediator or
				arbitrator shall disclose to the department, and to the parties to a mediation
				or arbitration proceeding, every potential conflict of interest and every other
				matter which may affect the mediator's or arbitrator's ability to act in a fair
				and impartial manner in the proceeding. A mediator or arbitrator shall withdraw
				from the proceeding if the mediator or arbitrator is unable to act in a fair
				and impartial manner.
(g) This
				subsection does not prohibit a mediator or arbitrator from receiving normal
				compensation or reimbursement of expenses from the department, pursuant to s.
				93.50(2)
				(b), Stats.