206-32 Wyo. Code R. § 32-9

Current through April 27, 2019

Section 32-9 - Mediation Process

(a) If the district superintendent and the charter school applicant reach an impasse during the Preliminary Evaluation of Readiness, either party may request mediation as outlined herein.

(b) A request for mediation shall be limited to the application components as referenced in Section 7;

(c) Only persons of the appropriate authority and with the ability to negotiate and make decisions on behalf of the district superintendent and the charter applicant shall request mediation and participate in the mediation process. Participation shall be limited to essential personnel from both parties;

(d) The request for mediation shall be made in writing to the State Superintendent of Public Instruction, 2300 Capitol Avenue, Hathaway Building, 2^ndFloor, Cheyenne, Wyoming 82002-0050. Service can be made in person, by U.S. Mail or received by facsimile at (30 7)777-6234 during regular business hours. Any request received after regular business hours will be treated as received during the regular business hours of the next working day. It is the responsibility of the requesting party to ensure receipt by the State Superintendent if U.S. Mail or facsimile is the method utilized for delivery.

(e) The party making the request shall also send a copy of the original to the other parties involved in the mediation upon sending the document to the State Superintendent.

(f) The request shall include the following:

(i) The names and addresses of each party, or authorized designee(s);

(ii) Information sufficient to establish that the dispute for which mediation is requested relates to the components or submission of the application as outlined in Section 7 of these Rules; and

(iii) Copies and/or explanation of pertinent information related to the disputed issue.

(g) Upon receipt of a request for mediation, the State Superintendent or his or her ' designee shall provide the parties with a list of the names, mailing addresses, and qualifications of the mediators on file with the State Superintendent within five (5) business days of the receipt of the mediation request.

(h) The parties shall within five (5) business days of receipt of the list provide the State Superintendent with three (3) names from the list that would be acceptable to conduct the mediation via certified letter to the above address in Section 9(d) of these Rules.

(i) The State Superintendent or his designee shall review the list and if a common mediator is identified, the State Superintendent or his of her designee shall assign the mediation to a commonly identified mediator. In the event the lists provided by the parties do not contain a common name, or if the parties fail to respond within the allotted time, the State Superintendent or his or her designee shall choose a mediator from the list on file to mediate the proceeding. The State Superintendent shall notify the parties in writing of the selection of a mediator within five (5) business days of receipt of the list.

(j) The State Superintendent shall maintain a list of mediators qualified to Conduct mediations in accordance with this Section. Application by those wishing to serve as mediators shall be made to the State Superintendent in the manner and form he Or she prescribes.

(k) At a minimum a mediator shall have the following qualifications to be considered for addition to the list of qualified mediators:

(i) Certification of attending a combined total of at least thirty (3 0) hours of course work in mediation, alternative dispute resolution, issue and/or problem framing and solving;

(ii) Familiarity and knowledge of educational issues and Wyoming charter school laws, rules and regulations; and

(iii) Impartiality and a third party not involved in the conflict, dispute or situation.

(l) The overarching responsibilities of mediators conducting mediations in accordance with this Section shall include, but are not limited to, the following:

(i) Listen to the disputing parties desiring to be heard;

(ii) Attempt to mediate between the disputing parties;

(iii) Remain neutral;

(iv) Assist the disputing parties in attempting to arrive at an agreement for the future conduct of working relations among them;

(v) Comply with all provisions of Federal and Wyoming Statutes and rules and regulations; and

(vi) Endeavor to create a climate conducive to the resolution of the differences of the parties.

(m) Prior to conducting the mediation, the mediator shall:

(i) Convene parties for an Initial Consultation within ten (10) business days of receiving notification by the State Superintendent or his or her designee of selection. During the Initial Consultation, the mediator shall discuss scheduling of the proposed mediation, the process to be undertaken, and identify a location for the proceedings that works best for all parties. The Initial Consultation may be conducted via telephone or in-person at the discretion of the mediator.

(ii) Within ten (10) business days after the Initial Consultation, the mediator shall provide the parties with a proposed service agreement setting forth the terms, conditions, timelines, and estimated cost for the mediations services to be provided. The agreement shall:
- (A) Be signed by all parties and the assigned mediator;
- (B) Include a statement setting forth the guidelines and ground rules under which the mediation proceedings will be conducted;
- (C) Provides a tentative timeline and outline for conducting the mediation and any preliminary activities necessary;
- (D) Describe hourly fees and compensation for travel, per diem and/or other necessary expenses that may be incurred in conducting the mediation proceeding; and
- (E) Outline the process for invoicing and receiving compensation for services to be provided.

(n) With the exception of the Initial Consultation, all meetings and mediation activities shall be conducted in-person unless extenuating circumstances impose extreme hardship and personal attendance of the parties cannot be accomplished.

(o) With the exception of the mandatory duties and obligations contained herein, the mediator shall have discretion in choosing the best process and options to resolve the disputed matters at hand. The process shall be tentatively outlined in the service agreement and may include the following activities:

(i) Submission of independent mediation briefs outlining the disputed portions of the application and the positions of each party. The briefs should include any and all documents, research and/or other documentation supportive of the position of the party and sufficiently identify the issues and facts in an effort to reach a resolution;

(ii) A joint session attended by all parties to summarize the positions of the parties using whatever means are most effective and necessary including, but not limited to, oral explanation, documentation and visual aids. The goal of the joint session is clarify the position of the parties for the benefit of the mediator and the other parties involved in an effort to sufficiently identify the issues in an effort to reach a resolution. A joint session can be utilized at the inception of the mediation and after conducting separate caucuses to summarize the terms of the negotiated agreement.

(iii) Separate caucuses following the first joint session to allow the mediator to meet separately and privately with each party. Separate caucuses may be utilized in instances where the parties may not be comfortable disclosing certain information in direct negotiations or when the mediator deems it in the best interest of the parties. Any and all information revealed to the mediator during separate caucuses shall be confidential, and shall not be shared with the other party participating in the mediation, unless permission is specifically granted to share information disclosed in separate caucuses. The mediator should strive to assist the parties in identifying the strengths and weaknesses in the case from an independent and unbiased position. Separate caucuses allow the mediator to discuss the issue at hand in a frank and honest manner, without compromising either party's position in negotiation.

(p) The mediator shall have discretion to revise the schedule and mediation process outlined in the signed service agreement if necessary. The mediator shall inform all parties of any modification or revision of the schedule and mediation process by written notification.

(q) Upon completion of a successful mediation, the mediator shall draft an agreement for the parties to sign which outlines the process and steps agreed upon for overcoming the disputed areas of the application in an effort to gain a determination of Complete from the district superintendent for presentation of the application to the district board.

(r) In accordance with the provisions of W.S. § 1-43-102 and § 1-43-103, any communication within the context of mediation shall be confidential unless One (1) of the following conditions is met:

(i) All the parties involved provide written consent to disclose; '

(ii) The communication involved the contemplation of a future crime or harmful act;

(iii) The communication was otherwise discoverable prior to mediation; or

(iv) One of the parties seeks judicial enforcement of the mediated agreement.

(s) The administrative bodies of both the local district and the charter school applicant shall be bound by the confidentiality provisions contained herein and/or Wyoming Statute;

(t) All costs associated with conducting a mediation shall be borne equally by the local district and the charter school applicant;

(u) If either party refuses to mediate, the dispute may be appealed to the State Board as provided by W.S. § 21-3-310 and Section 25 of these Rules and Regulations.

206-32 Wyo. Code R. § 32-9