Mich. Admin. Code R. 460.906 - Formal mediation
Rule 6.
(1) If the
parties have been unable to resolve a dispute, the complaining party may file a
written notice of dispute with the commission. The notice of dispute must state
the specific grounds for the dispute, sufficient facts to support the
allegations, the relief requested, and must contain all information, testimony,
exhibits, or other documents and information within the party's possession on
which the party intends to rely to support the party's position. After the
filing of the written notice of dispute, the following must occur:
(a) The complaining party shall give notice
that it is invoking the procedures in this rule. The complaining party shall
send the notice to the non-complaining party's email address and file the
notice with the commission.
(b) The
non-complaining party shall acknowledge the notice of dispute within 10
business days of its receipt and identify a representative with the authority
to make decisions on its behalf with respect to the dispute.
(c) An administrative law judge shall serve
as the mediator in these proceedings. The administrative law judge may request
and receive assistance from commission staff.
(d) Within 60 business days from the date the
non-complaining party acknowledges the dispute, the mediator shall issue a
recommended settlement.
(e) Within
5 business days after the date the recommended settlement is issued, each party
shall file with the commission a written acceptance or rejection of the
recommended settlement. If the parties accept the recommendation, then the
recommendation shall become an order. If a party rejects or fails to respond
within 5 business days to the recommended settlement, then the dispute may
proceed to a contested case hearing before the commission as provided in
R 792.10415.
(2) Nothing in these rules precludes a
disputing party from filing a formal complaint with the commission, either
instead of or after pursuing informal mediation or formal mediation pursuant to
these rules.
(3) The initiation of
any form of dispute resolution by a party tolls any applicable deadlines under
these rules until the dispute is resolved.
Notes
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