Section 13.04. Commission action on request for mediation services.

 

(1)   Acquiescence; refund of filing fee. If the request to initiate mediation is filed by only one party, the commission shall immediately contact the other party to the dispute to inquire as to its acquiescence to mediation. If that party opposes proceeding to mediation, the commission shall so advise the initiating party, shall return the filing fee, and shall not act further on the request. The filing fee is refundable only in the event of the other party's non-acquiescence to mediation; neither the requesting party's withdrawal of the request for mediation nor the parties' settlement of the underlying dispute is a basis on which the filing fee shall be refunded.

(2)   Designation of mediator. If mediation has been jointly initiated or acquiesced in, the commission shall designate the mediator. Parties' joint requests for designation of particular mediators may be considered by the commission but shall not be binding on the commission.

(3)   Mediator impartiality. The commission shall designate only competent, impartial and disinterested persons to act as mediators.

(4)   Confidential nature of function. Commission mediators shall maintain confidentiality as required by s. 904.085 , Stats. To the extent that s. 904.085 is or becomes inapplicable for any reason, the following confidentiality provisions shall become applicable. Any information disclosed by the parties to the mediator in the performance of duties shall not be divulged voluntarily or because of compulsion unless approved by the parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator in that person's confidential capacity shall be confidential and shall not be disclosed to any unauthorized person without the prior consent of the commission. The mediator shall not produce any confidential records of, or testify about any mediation conducted by the mediator, before any court, board (including the Wisconsin Employment Relations Commission), investigative body, arbitrator or fact finder without the written consent of the commission. In the absence of written consent of the commission, the mediator shall respectfully decline, by reason of this subsection, to produce or present confidential records or documents of any nature or to give testimony concerning confidential mediation information.

History: CR 02-037 : cr. Register June 2006 No. 606 , eff. 7-1-06.