Current through Vol. 24-21, December 1, 2024
Section R. 792.10297 - Mediators; standards of conduct; eligibility; application fee; list of mediators; removal, rejection, and reconsiderationRule 297.
(1) A mediator has no authoritative decision-making power to resolve a contested case before the tribunal in mediation.(2) A mediator shall comply with the standards of conduct for mediators as provided under MCR 2.411(G).(3) An individual desiring to be certified as a mediator shall file a mediation application with the tribunal. The application must be on a form made available by the tribunal.(4) An individual is eligible to be a mediator if both of the following requirements are met: (a) The individual has 5 years of state and local tax experience, and that experience has occurred within the 7 years immediately preceding the submission of the application.(b) The individual is qualified as a general civil mediator under MCR 2.411(F)(2) and (4).(5) An individual that files an application and pays the application fee may be certified, if eligible, and placed on a published list of mediators for a period of 1 year at which time the individual shall reapply in the same manner as a new individual.(6) The fee for the filing of an application to be certified as a mediator is $50.00.(7) The tribunal shall review all applications and compile a list of certified mediators at least quarterly and publish the list of mediators on the tribunal's website.(8) The mediator list must include all of the following:(a) The hourly rate charged by each certified mediator for their mediation services.(b) The type of tax the mediator is certified to mediate.(c) A summary of the certified mediator's experience and training as a mediator.(d) The forum or forums in which the mediator is certified to practice.(9) The tribunal may remove a certified mediator from the list of mediators as provided by MCR 2.411(E)(4).(10) If an individual files an application and pays the application fee but is not certified as a mediator or is removed from the list of mediators, the individual may file a motion seeking reconsideration of the rejection or removal. The motion must be considered by the tribunal chair.Mich. Admin. Code R. 792.10297
2023 MR 19, Eff. 9/29/2023