North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-11 - Mediation
Section 69-02-11-03 - Appointment of a mediator

1. The parties may select a mutually agreeable mediator and inform the commission in writing of the name and qualifications of the mediator. The commission shall appoint the mediator selected by the parties unless the commission determines for good cause that the mediator should be disqualified.

2. In the event the mediator selected by the parties is disqualified or the parties fail to select a mutually agreeable mediator, the commission may appoint a member of its own staff or may contract with a third party to provide mediation services.

3. If the parties select a mediator or demand that mediation services be provided by a third party, the parties shall contract for the mediation services and shall be responsible for payment of the services. The commission may designate one or more staff personnel to provide technical assistance to the mediator.

4. Costs associated with the mediation process which are incurred by the commission shall be paid by the telecommunications companies involved in the proceeding under subsection 6 of North Dakota Century Code section 49-21-01.7. Costs incurred by the parties in contracting for third-party mediation are not costs incurred by the commission and must be paid by the parties.

5. The mediator must remain impartial and must withdraw from the mediation process if the mediator's impartiality is compromised. A commission employee who serves as the mediator will not be permitted to participate in the arbitration or approval process for the same agreement, unless the parties consent.