1. (a) Opening Statement Briefs: Within 30 days of the Commission's designation of a mediator, each party to the dispute shall submit an opening statement brief to the mediator and all other parties identifying each issue or item in dispute, the facts supporting their positions, and the legal bases supporting their positions. The brief should be accompanied by any evidence demonstrating the truth of the facts presented in the opening statement brief. Any evidence presented with a brief should be separately identified with an exhibit list, including numbering and exhibit description. For instance, Exhibit 1: exhibit description. The exhibits shall be attached to the exhibit list.
2. (b) Response Briefs: Each party to the dispute is permitted, but not required, to submit a brief and evidence in response to the opening statement briefs. Any such responses shall be submitted to the mediator and all other parties within 20 days of the date of the last-submitted opening statement brief. The brief should be accompanied by any evidence demonstrating the truth of the facts presented in the response brief. Any evidence presented with a brief should be separately identified with an exhibit list, including numbering and exhibit description. For instance, Exhibit 1: exhibit description. The exhibits shall be attached to the exhibit list.
3. (c) Further Brief Requirements: As appropriate, the mediator has discretion to implement reasonable further requirements for briefing, including, without limitation, requesting exhibit indexes, imposing page limits, and requesting additional evidence or briefing from the parties.
4. (d) Mediation Sessions: The mediation session shall be scheduled to occur within 20 days of the submission of the last-submitted response brief, or 45 days from the submission of the last-submitted opening statement brief if no responses were submitted. If the parties are unable to agree upon a date, the designated mediator will provide the parties with a mediation date within this time frame. Mediation sessions may be continued as determined necessary by the mediator.
5. (e) Mediation Venue: Mediation sessions shall occur at locations mutually agreeable to the parties and the mediator. If the parties are unable to agree upon a location, the location shall be chosen by the mediator. Mediation sessions shall be conducted in-person, and a mediator may hold joint mediation sessions or separate the parties in different rooms during the process. With the mediator's consent, the parties may agree to hold virtual mediation sessions using video-conferencing technology.
6. (f) Agreements: Any agreements reached by the parties resolving some or all disputes shall be written, signed, and dated by the parties or their authorized representatives and shall provide the Commission with authority to require the parties to participate in renewed mediation under these regulations concerning enforcement or potential breaches of the agreement. Within 45 days of reaching an agreement, the mediator shall provide a copy of the agreement to Commission staff.
7. (g) Mediator Advisory Decision: If the parties are unable to reach an agreement to fully resolve their dispute through the mediation process, then, within 7 days of the last day of mediation, the mediator shall render a written advisory decision as to all issues that remain unresolved. In the decision, the mediator shall identify the issues and/or items in dispute, the parties' positions concerning each issue and/or item in dispute, the evidence supporting the parties' positions, the applicable law, and an assessment of the facts in dispute and the application of law to those facts, including the application of the restorative justice principles specified in section 31013. Before seeking a final Commission determination under section 31014, the parties must meet to discuss the advisory decision in an effort to resolve the matter.

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).