Mediator's role in Contract Mediation

At the first meeting, the mediator investigates whether the parties have negotiated for a reasonable period of time and whether impasse exists. If impasse does not exist, the mediator sets up additional meetings.

Scheduling

The mediator retains ultimate control over scheduling.

Confidentiality

The mediator is not required to disclose any files, records, documents, notes, or other papers, or be required to testify with regard to any information obtained while functioning as a mediator.

Mediator's report

After concluding the mediation, the mediator reports to the DLR Director the status of the parties' impasse.  The mediator's confidential report includes the following:

  • The number of mediation sessions
  • A brief description of the unresolved issues which existed at the beginning of mediation
  • A statement of issues that have been resolved through mediation and a statement of issues that remain unresolved
  • A recommendation as to whether the DLR Director should invoke fact-finding

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