1. (a) After receiving notification pursuant to section 31007 that the parties were not able to settle all or any part of the dispute, Commission staff shall designate a Certified Mediator with training and experience adequate to mediate the parties' dispute, including, to the extent possible, experience working with California Native American tribes and repatriation. The Commission will bear the cost of the mediator by either providing the parties with a mediator that the Commission has under contract or a trained Commission staff member, excluding Commissioners.

   1. (1) In the alternative the parties may choose a mediator with training and experience adequate to mediate the parties' dispute who is mutually agreeable to the parties. The parties shall bear any and all costs associated with using the mediator and shall enter into a cost-sharing arrangement prior to the mediation.

2. (b) Mediators are disqualified from serving based on any of the following grounds:

   1. (1) The mediator has personal knowledge of disputed evidentiary facts involved in the dispute.
   2. (2) The mediator, or their spouse or their children, is a person with a third degree of relationship to a party or a person who provided professional advice to a party. A third degree of relationship includes a great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, cousin, niece, stepsiblings, or adopted relatives.
   3. (3) The mediator, or their spouse or their children, is employed by, a member of, or otherwise affiliated with a party, including a Museum, Agency, or Native American tribe which is a party to the dispute.
   4. (4) The mediator, or their spouse or their children, has a financial interest in the dispute or a party.
   5. (5) The mediator is in discussions, or has a current arrangement, concerning prospective or existing employment or other compensated service with a party or related to the specific matter in the dispute. “In discussions” means that the mediator solicited or otherwise indicated an interest in accepting or negotiating possible employment or providing services.
   6. (6) The mediator or the Commission believes, for any other reason, that they are unable to fairly and impartially facilitate resolution of the parties' dispute.

3. (c) Prior to designation of a mediator, Commission staff shall confirm with a prospective mediator that:

   1. (1) The mediator agrees to be bound by the confidentiality provisions described in section 31004; and
   2. (2) Upon having reviewed the names of the parties and the nature of the dispute, the mediator is not subject to disqualification.
4. (d) If any party has information that disqualifies the mediator, the party may inform Commission staff of this fact and provide the grounds for disqualification. Such notice shall be made in writing and submitted within 21 days of being notified of the mediator's designation. Along with the notice, the party seeking to disqualify a mediator shall submit any evidence it has demonstrating that the mediator is disqualified under any of the grounds listed in subsection (b)(1)-(5). Within 21 days of receiving the notification of the grounds for disqualification, Commission staff shall review the notice and evidence submitted and shall contact the mediator and inform them that a request has been made to disqualify the mediator and under what grounds. The mediator may then either withdraw from the matter or submit evidence to Commission staff demonstrating why they are not disqualified under the grounds stated by the party. If Commission staff determines that the evidence supports the disqualification of the mediator on the alleged grounds, they shall designate another mediator consistent with this section. If Commission staff determines that the evidence does not support the disqualification of the mediator on the alleged grounds, they shall notify the parties and the mediator that it has determined that the previously selected mediator is not disqualified.

Note: Authority cited: Section 8016, Health and Safety Code; and Section 5097.94, Public Resources Code. Reference: Section 8016, Health and Safety Code.

History

1. New section filed 3-4-2026; operative 7-1-2026 (Register 2026, No. 10).