If any party declines to authorize department appointment of a mediator, the parties shall choose a mediator from among those named by the department. The department shall then appoint the chosen mediator.
When the department appoints a mediator under par. (a)
, the department shall notify all parties of the appointment.
The appointed mediator shall enter into a written agreement with the department under s. ATCP 162.03 (2)
, and shall then assume responsibility for directing the mediation proceeding.
A mediator shall conduct mediation proceedings at times and places agreed upon by the parties and the mediator. A mediator may conduct mediation proceedings with the parties by telephone. The mediator may hold joint or separate sessions with the parties, as the mediator deems necessary.
With the agreement of the parties, the mediator may request other persons to participate in the mediation proceedings. Parties may have representatives present at mediation sessions.
The mediator may regulate mediation proceedings to prevent disruptions, and may terminate mediation sessions in his or her discretion.
The parties may agree to start or continue mediation proceedings while a court action is pending between the parties, regardless of whether the court action is stayed under s. 93.50 (2m)
, Stats. Mediation proceedings may not violate a court order or an automatic stay in bankruptcy.
(6) Agreement after mediation.
The parties to a mediation proceeding may reduce their interim and final agreements, if any, to writing. At the conclusion of the mediation proceedings, the mediator shall provide the department with copies of all written agreements. Agreements may provide for continued mediation at a future date. The parties are solely responsible for their agreements and for the enforcement of their agreements. An agreement is subject to applicable laws and court orders, and is subject to the exercise of rights by persons who are not parties to the agreement.
(7) Withdrawing from mediation.
A party may withdraw from mediation at any time.
ATCP 162.04 History
History: CR 04-005: cr. Register October 2004 No. 586, eff. 11-1-04. ATCP 162.05(1)
Request for arbitration.
A person requesting arbitration shall submit that request to the department in writing, on a form provided by the department. A request for arbitration shall include all the following:
A signed agreement by all parties to participate in arbitration. No person may be included as a party in an arbitration proceeding without that person's signed agreement.
A preliminary statement of the issue or issues the parties seek to resolve by arbitration.
The name and address of each party, or the party's representative in the arbitration proceeding.
An identification of every court action currently pending between the parties. If any court action is pending, the request for arbitration shall include a copy of any court order under s. 93.50 (2m)
, Stats., suspending the court action pending arbitration. No issue contested between the parties in a court action may be arbitrated under this chapter unless the court enters an order suspending the court action pending arbitration.
If no court action is currently pending between the parties, an agreement by the parties to refrain from initiating any court action against another party for at least 60 days, or until arbitration is completed, whichever occurs first.
ATCP 162.05 Note
Note: You may obtain an arbitration request form from the department, and submit a completed request form to the department, at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Development Division, Farm Center
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
The department may provide the parties with the names, addresses and qualifications of potential arbitrators, as provided in s. 93.50 (4) (e)
, Stats., or may appoint an arbitrator with the authorization of the parties.
If any party declines to authorize department appointment of an arbitrator, the parties may choose an arbitrator from among those named by the department under s. 93.50 (4) (e)
, Stats. The department shall then appoint the chosen arbitrator.
When the department appoints an arbitrator under par. (a)
, the department shall give all parties notice of the appointment.
The appointed arbitrator shall enter into a written agreement with the department under s. ATCP 162.03 (2)
, Stats., and shall then assume responsibility for directing the arbitration proceeding.
(3) Arbitration agreement.
After the arbitrator is appointed and before the arbitration proceeding begins, the parties shall enter into a specific arbitration agreement. The department shall oversee the preparation of the agreement. The agreement shall include all the following:
A specific agreement by all parties to arbitrate, and to abide by the arbitration award.
A specific statement of the issue or issues to be decided in arbitration.
(4) Arbitration proceedings.
An arbitrator shall conduct arbitration proceedings according to ch. 788, Stats.
, and the arbitration agreement under sub. (3)
. Arbitrators have the authority provided under ch. 788, Stats.
, and the arbitration agreement. This subsection does not authorize any proceedings in violation of a court order or an automatic stay in bankruptcy.
(5) Arbitration award.
An arbitrator shall issue an award in writing. The arbitrator shall serve a copy of the award on each party and on the department.
(6) Court review and enforcement.
A court may confirm, modify, correct or enforce an arbitration award, as provided in s. 788.03
ATCP 162.05 History
History: CR 04-005: cr. Register October 2004 No. 586, eff. 11-1-04.