N.H. Admin. Code § Ed 205.03

Current through Register No. 45, November 7, 2024

Section Ed 205.03 - Mediation Procedure

If mediation is chosen by both parties as an alternative dispute resolution, the following shall apply:

(a) A request for mediation shall be made by either party in writing and shall be accompanied by the final written decision at the local level. The mediation request shall specify the issue or issues in dispute and the relief sought.

(b) Once the mediation procedure is selected, the department shall assign and provide the parties with the name and address of a mediator. The office of legislation and hearings shall establish the time and date for the session. The session shall be conducted at a place determined by the office of legislation and hearings.

(c) A mediation conference shall be conducted within 30 calendar days after receipt of a written request in order to:

(1) Determine issues;

(2) Explore options; and

(3) Suggest an equitable resolution to the dispute.

(d) The role of the mediator shall be:

(1) To facilitate communication;

(2) To define the issues and explore possible resolutions to the dispute;

(3) To remain neutral; and

(4) To insure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.

(e) Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.

(f) The mediator shall not have the authority to render a decision or impose a settlement on the parties.

(g) The mediation conference shall consist of a session or sessions with the parties and their counsel, if retained, to facilitate a settlement acceptable to the parties.

(h) Not later than 10 days prior to the session each party shall submit to the mediator and all other parties a summary of the significant aspects of their case. Each party shall attach to the summary copies of all documents on which they rely; such summaries shall be not more than 4 pages.

(i) Upon receipt of a party's submission, any party may send to the mediator and all other parties additional information responding to that submission.

(j) At the mediation session, all parties and counsel, if retained, shall have authority to authorize the mediation agreement.

(k) If resolution cannot be achieved on the date assigned, the mediator shall continue the mediation process, either with additional in-person mediation sessions or electronically.

(m) Within 30 days of the initial mediation session, the mediator shall file a report with the office of legislation and hearings advising that the case has been settled, that mediation is ongoing, or that mediation failed to resolve the dispute.

(n) If mediation is ongoing, the mediator shall file a final report within 3 days of the final mediation session.

N.H. Admin. Code § Ed 205.03

#6348, eff 10-5-96, EXPIRED: 10-5-04

New. #8334-A, eff 4-23-05 (from Ed 215.03 )