1. (a) The role of the mediator shall be to:

   1. (1) Facilitate communication between or among the parties;
   2. (2) Define the issues and explore possible resolutions to the dispute;
   3. (3) Remain neutral; and
   4. (4) Ensure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.

2. (b) At the initial mediation session, the mediator shall facilitate discussion to:

   1. (1) Determine issues;
   2. (2) Explore options; and
   3. (3) Attempt to reach an equitable resolution to the dispute.
3. (c) Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.
4. (d) The mediator shall not have the authority to render a decision or impose a settlement on the parties.
5. (e) The mediation conference shall consist of a session or sessions with the parties and their legal counsel, if available, to facilitate a settlement acceptable to the parties.

6. (f) If resolution cannot be achieved on the date assigned, the mediator shall:

   1. (1) If all parties agree, continue the mediation process, either with additional in-person mediation sessions or telephone conferences, for not more than an additional 45 days; or
   2. (2) If all parties do not agree to continue the mediation, file a report with the board not later than 5 days after the last mediation session held advising that mediation failed to resolve the dispute.
   3. (h) If the case is settled, whether as a result of one mediation session or multiple mediation sessions, the parties shall comply with Plc 2103.04(g) not later than 10 days after the final mediation session.

Source. #14331, eff 8-20-25, EXPIRES: 8-20-35