RULE 2. SELECTION OF MEDIATOR.
(a) By Agreement of Parties. The parties may choose a mediator certified by the Dispute Resolution Commission by agreement within 55 days of the filing of a Form 33 Request for Hearing, or otherwise within 21 days after the Commission’s order entered pursuant to Rules 1(c) and 1(d), unless otherwise specified therein, subject to the Commission’s authority to remove the mediator selected by the parties for specific reasonable cause. Such stipulation may be transmitted by either party, shall be dated as of the date it is transmitted to the Commission, and must be received by the Dispute Resolution Coordinator within 55 days of the filing of a Form 33 Request for Hearing, or otherwise within 21 days of the mediation order entered pursuant to Rules 1(c) and 1(d). The scheduled date of the mediation conference shall be within 120 days of the mediation order. The stipulation shall include the date of the scheduled mediation, the name, address and telephone number of the mediator selected by agreement, and shall confirm that the mediator is certified by the Dispute Resolution Commission. The 21 or 55 day deadline may be extended by the Dispute Resolution Coordinator upon request of the parties. Any party may waive the 21 or 55 day periods for the selection and suggestion of mediators and request that the Commission immediately appoint a mediator from the Commission’s appointed list.
(b) Appointment by Commission. If the parties fail to notify the Commission of their selection of a mediator within 55 days of the filing of a Form 33 Request for Hearing, or otherwise within 21 days of a mediation order entered pursuant to Rules 1(c) and 1(d), as set forth above, the Commission shall appoint a mediator to hold a mediated settlement conference in that case. The Commission shall appoint mediators from a list of mediators eligible for appointment maintained by the Commission which shall consist of those mediators who attain the qualifications in Rule 8 and request inclusion on such list. In the absence of any suggestions by the parties with regard to the appointment of mediators, mediators shall generally be selected for specific cases by random order or by a system which attempts to assign each mediator to an equal number of cases over a period of time, unless the Commission determines in its discretion that, because of unusual circumstances, a particular mediator should be chosen in a particular case.
If the parties request the approval of a selected mediator after the appointment of another mediator by the Commission, the Commission may require one or more of the parties, or other responsible person(s), to pay a substitution of mediator fee to the Commission of up to $100.00.
(c) Mediator Lists. To assist parties in the selection of mediators by agreement, the Commission shall maintain a list of mediators eligible for appointment by the Commission in compensation and tort cases, and a list of mediators who are not eligible for appointment, but who may be selected by the parties and approved by the Commission. The Commission shall provide copies of these lists to parties on request, and may charge a reasonable fee for maintaining and distributing these lists.
(d) Disqualification of Mediator. Any party may move the Commission for an order disqualifying a mediator. For good cause, such order shall be entered. If the mediator is disqualified, an order shall be entered for the selection of a replacement mediator pursuant to Rule 2. Nothing in this provision shall preclude mediators from disqualifying themselves.
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