SB272,3,18 13(2) Request for mediation, consent of parties. (a) By July 1, 1998, the
14department shall establish a program for the mediation of disputes between parties.
15Upon the establishment of the program, a party may request the department to
16arrange for mediation of a dispute at any time. The request shall be in writing, shall
17briefly describe the dispute and shall identify the parties. Both parties may jointly
18request mediation.
SB272,3,2119 (b) If only one of the parties requests mediation, within 5 business days after
20receiving the request the department shall notify the other party in writing of the
21request for mediation. The notice shall include all of the following:
SB272,3,2222 1. An explanation of the mediation process and its advantages.
SB272,4,223 2. A statement that participation in mediation is voluntary and that agreement
24or refusal to participate will not affect the resolution of the dispute in any pending

1or potential adjudicative process, or the timing of that process, unless the parties
2agree otherwise.
SB272,4,53 3. A request that the party notify the department within 5 business days after
4receiving the notice regarding the party's consent or refusal to participate in
5mediation.
SB272,4,86 (c) If the department does not receive a timely response under par. (b) 3. or if
7the other party notifies the department under par. (b) 3. of its refusal to participate
8in mediation, the department shall so notify the party that requested mediation.
SB272,4,12 9(3) Appointment of mediator. (a) A party that requests mediation may
10nominate a mediator from the roster under sub. (4). If a party nominates a mediator,
11the department shall include in the notice under sub. (2) (b) the name of the
12nominated mediator.
SB272,4,1513 (b) 1. If both parties nominate the same person as mediator, the department
14shall appoint that person as mediator if he or she is on the roster under sub. (4) and
15available to mediate.
SB272,4,1716 2. If both parties request mediation but neither party nominates a mediator,
17the department shall propose a mediator from the roster under sub. (4).
SB272,4,2118 3. If both parties consent to mediation but the party that requests mediation
19does not nominate a mediator, the nominated mediator is not available or the other
20party does not consent to the appointment of the nominated mediator, the
21department shall propose a mediator from the roster under sub. (4).
SB272,4,2522 (c) Whenever the department proposes a mediator under par. (b) 2. or 3., it shall
23send information about the mediator's training and experience to both parties.
24Within 3 business days after receiving the information, either party may request the
25department to propose a different mediator from the roster under sub. (4).
SB272,5,4
1(4) Roster of mediators. (a) In consultation with the council on exceptional
2education, the department shall maintain a roster of mediators qualified to resolve
3disputes. The department may include a person on the roster if all of the following
4apply:
SB272,5,65 1. The department determines that the person has the appropriate skills and
6knowledge to act as a mediator under this section.
SB272,5,87 2. The person participates in a training program of at least 5 days' duration that
8has been approved by the department.
SB272,5,109 3. The person agrees to mediate, at the rate of compensation established by the
10department, the number of disputes required by the department each year.
SB272,5,1211 4. The person consents to be observed by a department representative at any
12mediation session if the parties consent.
SB272,5,1513 (b) The department may not maintain a person on the roster unless he or she
14participates in at least one day of additional training approved by the department
15each year.
SB272,5,1716 (c) Subject to subch. II of ch. 111, the department may remove from the roster
17any person whom it believes cannot serve effectively as a mediator.
SB272,5,20 18(5) Mediation. (a) Unless both parties agree otherwise, mediation shall
19commence within 21 days after the mediator is appointed and shall not delay
20hearings or appeals related to the dispute.
SB272,5,2521 (b) The parents of the child or adult pupil and 2 representatives of the school
22board or state or county residential facility may participate in mediation. With the
23consent of both parties, other persons may participate in mediation. With the
24consent of both parties, a department representative may observe the mediation
25sessions.
SB272,6,5
1(c) At the commencement of mediation, the mediator shall inform the parties
2of the information that is required to be reported to the department for the purpose
3of administering the mediation program. The department may not require a
4mediator to disclose the substance of any matter discussed or communication made
5during mediation.
SB272,6,106 (d) Either party may recess a mediation session to consult advisors, whether
7or not present, or to consult privately with the mediator. The mediator may recess
8a mediation session to consult privately with a party. If the mediator does so, he or
9she shall disclose the general purpose of the consultation but may not reveal other
10information about the consultation without the consent of the party consulted.
SB272,6,1211 (e) Unless both parties and the mediator agree otherwise, no person may record
12a mediation session.
SB272,6,1313 (f) The mediator and either party may withdraw from mediation at any time.
SB272,6,1714 (g) No adverse inference may be drawn by any hearing officer or adjudicative
15body from the fact that a party did not consent to mediation, that a mediator or party
16withdrew from mediation or that mediation did not result in settlement of the
17dispute.
SB272,6,22 18(6) Agreements. If the parties resolve the dispute or a portion of the dispute,
19or agree to use another procedure to resolve the dispute, the mediator shall ensure
20that the resolution or agreement is reduced to writing, that it is signed by the parties
21and that a copy is given to each party. The resolution or agreement is legally binding
22upon the parties.
SB272,6,25 23(7) Mediator compensation. (a) The department shall establish a schedule for
24the compensation of mediators and the reimbursement of their expenses. The
25department shall pay mediators from the appropriation under s. 20.255 (1) (me).
SB272,7,3
1(b) If the parties agree that the amount of compensation paid to a mediator
2should be greater than the schedule under par. (a) allows, the additional
3compensation is the responsibility of the parties.
SB272,7,54 (c) If the parties have agreed to mediation by a mediator who is not on the roster
5under sub. (4), the mediator's compensation is the responsibility of the parties.
SB272,7,12 6(8) Program evaluation. The department may require that mediators, and
7may request that parties, participate in the evaluation of the mediation program.
8The department shall ensure that mediators and parties may participate in
9evaluating the program without being required to identify themselves or the other
10mediation participants. The department may not disclose a party's or mediator's
11evaluation to any other mediation participant without the party's or mediator's
12consent.
SB272,7,16 13(9) Contract for services. The department may contract with a private,
14nonprofit agency to administer the mediation program under this section or for
15mediator training or other services, including outreach and promotion, related to the
16administration of the program.
SB272, s. 4 17Section 4. 904.085 (2) (a) of the statutes is amended to read:
SB272,7,2318 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
19under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, mediation
20under s. 115.812,
negotiation under s. 289.33 (9), mediation under ch. 655 or s.
21767.11, or any similar statutory, contractual or court-referred process facilitating
22the voluntary resolution of disputes. "Mediation" does not include binding
23arbitration or appraisal.
SB272,7,2424 (End)
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