SECTION 810:10-3-9. Mediator powers and responsibilities

  The mediator:

(1)   has a duty to be impartial and to advise all parties of any circumstances bearing on possible bias, prejudice or partiality;

(2)   does not have the authority to impose a settlement upon the parties, but shall assist the parties to reach a satisfactory resolution of their dispute;

(3)   may direct questions to any of the parties or their respective representatives to supplement or clarify information;

(4)   may obtain expert advice concerning technical aspects of a claim, whenever necessary and with the consent of the parties;

(5)   may conduct separate meetings known as caucuses with each party, but shall not use these meetings as a time to coerce any party to settle. No information from a caucus may be divulged without permission of the party participating in the caucus; and

(6)   immediately following conclusion of mediation proceedings, report the results of the mediation to the Counselor Division on a Report of Mediation Conference form prescribed by the Commission. The report is required for all cases mediated by mutual agreement of the parties or pursuant to Commission order of referral, whether or not the parties reached an agreement.

[Source: Added at 31 Ok Reg 468, eff 2-4-14 (emergency); Added at 32 Ok Reg 1461, eff 8-27-15]