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24.17.838    MANDATORY, NONBINDING MEDIATION

(1) If a formal hearing is requested, the parties are required to fully present their cases at a mediation, prior to the formal hearing.

(2) Such mediation shall be completed within 20 days of the request for formal hearing.

(3) The mediation process is mandatory, informal, held in private without a verbatim record and is confidential in nature. All communications and evidence from the mediation are confidential.

(4) The mediator, appointed by the department, will issue a report following the mediation process recommending a solution to the dispute. The mediator's report is without judicial or administrative authority and is not binding on the parties.

(5) Nothing in this rule precludes the parties from agreeing to pursue additional voluntary nonbinding mediation in an effort to resolve the dispute.

History: 18-2-431 and 39-3-202, MCA; IMP, 39-3-216, MCA; NEW, 2002 MAR p. 2446, Eff. 9/13/02.

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