N.D. Admin Code 69-02-11-03 - Appointment of a mediator
The commission shall appoint a mediator within ten days after a request is filed.
1. The
parties may select a mutually agreeable mediator and inform the commission in
writing of the name and qualifications of the mediator. The commission shall
appoint the mediator selected by the parties unless the commission determines
for good cause that the mediator should be disqualified.
2. In the event the mediator selected by the
parties is disqualified or the parties fail to select a mutually agreeable
mediator, the commission may appoint a member of its own staff or may contract
with a third party to provide mediation services.
3. If the parties select a mediator or demand
that mediation services be provided by a third party, the parties shall
contract for the mediation services and shall be responsible for payment of the
services. The commission may designate one or more staff personnel to provide
technical assistance to the mediator.
4. Costs associated with the mediation
process which are incurred by the commission shall be paid by the
telecommunications companies involved in the proceeding under subsection 6 of
North Dakota Century Code section
49-21-01.7. Costs incurred by the
parties in contracting for third-party mediation are not costs incurred by the
commission and must be paid by the parties.
5. The mediator must remain impartial and
must withdraw from the mediation process if the mediator's impartiality is
compromised. A commission employee who serves as the mediator will not be
permitted to participate in the arbitration or approval process for the same
agreement, unless the parties consent.
Notes
General Authority: NDCC 28-32-02, 49-02-11
Law Implemented: NDCC 28-32-05.1, 49-01-07, 49-21-07
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