[§91-8.5]  Mediation in contested cases. (a)  An agency may encourage parties to a contested case hearing under thischapter to participate in mediation prior to the hearing subject to conditionsimposed by the agency in rules adopted in accordance with this chapter.  Theagency may suspend all further proceedings in the contested case pending theoutcome of the mediation.

(b)  No mediation period under this sectionshall exceed thirty days from the date the case is referred to mediation,unless otherwise extended by the agency.

(c)  The parties may jointly select a person toconduct the mediation.  If the parties are unable to jointly select a mediatorwithin ten days of the referral to mediation, the agency shall select themediator.  All costs of the mediation shall be borne equally by the partiesunless otherwise agreed, ordered by the agency, or provided by law.

(d)  No mediation statements or settlementoffers tendered shall be admitted into any subsequent proceedings involving thecase, including the contested case hearing or a court proceeding.

(e)  No preparatory meetings, briefings, ormediation sessions under this section shall constitute a meeting under section92-2.  Any mediator notes under this section shall be exempt from section 92-21and chapter 92F.  Section 91-10 shall not apply to mediation proceedings. [L2003, c 76, §1]