Cal. Code Regs. tit. 1 § 1216
The parties may agree on a mediator to assist them in the resolution of their dispute.
On occasion, parties may not be able to agree on a mediator. In such a situation, each party may select 5 names either from the résumés on file with the OAH or from another source. If a mediator is chosen from another source, the party selecting that mediator shall provide OAH with a résumé of that mediator. Of the names submitted to the OAH by the parties, a complete list shall be complied and sent to the parties by the OAH. Each party may strike 3 names and return the list to the OAH within 10 calendar days. If the OAH has not received notice within this period to strike names, the OAH will assume that all names are equally acceptable. On the next working day after the 10-day period, or as soon thereafter as is practicable, the OAH will choose a mediator at random from the remaining list of names. The OAH will then notify the chosen mediator and the parties of the mediator's selection. The chosen mediator shall be sent an acceptance form to sign and return, in which the mediator must agree to abide by the applicable statutes and regulations, as described in Regulation section 1208. The acceptance form shall also state that the mediator foresees no difficulty in completing the mediation according to the schedule set out in these regulations.
If, at any time before the end of the 10-day period, the parties agree on a mediator and notify the OAH in writing, that agreed-upon mediator shall be appointed.
Cal. Code Regs. Tit. 1, § 1216
Note: Authority cited: Section 11420.20, Government Code. Reference: Section 11420.20, Government Code.