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24.25.802    MEDIATION

(1) Upon petition, the board, any member or employee thereof designated by the board or any other competent, impartial, disinterested person designated by the board may act as the mediator in a dispute.

(2) Any information disclosed to the mediator in the performance of these duties shall not be divulged unless approved by the parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator shall be classified as confidential and not as a public record. Such matters shall not be disclosed to anyone without the prior consent of the board.

(3) The mediator shall not produce any confidential records or testimony with regard to any mediation conducted on behalf of a party to any case pending in any proceeding before any court, board, investigatory body, arbitrator, or fact finder without the written consent of the board.

(4) The mediator may hold separate or joint meetings with the parties or their representatives, and such meetings shall be private and nonpublic, except if otherwise mutually agreed upon by the parties.

History: 39-32-103, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

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