(2) Within five working days after the receipt of a request for mediation, the department shall determine whether it has jurisdiction over the subject of the dispute. If the department determines that it does not have jurisdiction, it shall issue an order dismissing the request, stating the reasons for the dismissal, and setting forth the proper procedure for resolving the dispute.

(1) Parties to a dispute are the claimant and the insurer, or alleged insurer.

(2) A claimant may be self-represented, or represented by an unpaid representative, or an attorney licensed to practice law in Montana. An insurer may be represented by a designated representative. However, a claimant must attend mediation conferences, except if the mediator excuses the claimant for good cause.

(3) Parties may bring witnesses to a mediation conference with the consent of the mediator.

(1) A party may request mediation by submitting a completed mediation request form to: Employment Relations Division, Mediation Unit, P.O. Box 8011, Helena, MT 59604.

(2) Mediation request forms are available from the Employment Relations Division of the Department of Labor and Industry at the address above or by telephoning (406) 444-6543; and from local job service offices. For assistance in completing the form, a party may telephone the Employment Relations Division at (406) 444-6543.

(1) The mediator shall have 45 days from the date the mediation request was received by the department to hold mediation conferences. The mediator shall send notice to the parties identifying the following: issues to be mediated; information required prior to the time of the mediation conference; and the time and place of the mediation conference. The 45 day period may be extended by mutual agreement of the parties. If a party requests an in-person mediation conference, the mediator may extend the 45 day period to 60 days to set up the in-person conference. If the mediator does not hold a mediation conference within the time frames provided herein, the parties may proceed directly to workers' compensation court.

(2) Upon receipt of a request under this rule, the mediator shall attempt to communicate with the parties to ascertain whether the settlement requirements have been met. After the communication, or a reasonable attempt at communication, if the mediator determines that the settlement requirements have not been met, the mediator may issue an order dismissing the request. The order must state specifically what the requesting party must do to meet the settlement requirements. The order may be appealed to the workers' compensation court within ten working days after the date of the order.

(3) Parties may waive the settlement requirements by mutual agreement.

(1) As set forth in 39-71-105 and 39-71-2406 , MCA, it is the purpose of the mediation process to facilitate resolution of disputes as early as possible, and it is the general purpose of the Workers' Compensation Act to allow claimants who wish to proceed without an attorney to do so. When claimants are represented in mediation by legal counsel, it is assumed by the mediator that counsel is aware of what must be done to meet settlement and mediation requirements, and how to meet those requirements. Accordingly, the mediator shall hold them to that standard in determining whether the settlement requirements have been met and whether they are cooperating with the mediation process. It is also assumed that insurer's agents, even though they may not be licensed attorneys, work in the area of workers' compensation regularly and are versed in the workers' compensation laws and procedures. However, most claimants who choose to represent themselves are not assumed to be knowledgeable about the workers' compensation system. In order to provide a process where it is reasonable for a claimant to be self-represented, the mediator's and department's role shall be to make efforts to assist unrepresented claimants in meeting information and settlement requirements. The mediator, while doing this, must also maintain neutrality regarding the issues. Nothing herein is intended to discourage claimants from seeking legal counsel if they so choose. The intent is simply to avoid a situation where legal counsel is necessary to resolve routine disputes.

(2) Within 10 working days after a mediation conference, the mediator shall prepare a written report to the parties setting forth the mediator's recommended solution and the basis for the recommendation. If the mediator does not prepare a written report within 10 working days after a mediation conference, the parties may proceed directly to workers' compensation court. The mediator may also set forth alternative solutions. When parties have offered specific solutions which are not recommended by the mediator, the mediator shall explain why the solutions are not recommended.

This rule has been repealed.

(1) Whenever parties settle their dispute after a request for mediation is filed and before a mediation report is issued by the mediator under ARM 24.28.108, the party requesting mediation shall advise the mediator immediately.

(1) When reference is made to the date of an order for computing time, the date from which the time runs shall be the date appearing on the order.

(2) When reference is made to filing with or receipt by the department or a mediator, time shall be computed from the date a document is actually received at the department's central office in Helena, Montana. However, if the department or a mediator directs a party to file documents at a different location, time shall be computed from the date a document is actually received at that location.

(2) The mediator, at the mediator's option and with the approval of the insurer, may review and copy the insurer's file at the insurer's place of business.