Section R14-2-1504. Mediation

A.      Any party negotiating an agreement under 47 U.S.C. 252 may, at any point in the negotiation, ask the Commission to partici-

Corporation Commission – Fixed Utilities

pate in the negotiation and to mediate any differences arising in the course of the negotiation.

B.       If a party requests mediation by the Commission, a non-Hear- ing Division employee of the Commission will be appointed to act as mediator.

C.      A request for mediation shall contain a brief statement of the nature of the dispute and the names, addresses, and telephone and telefax numbers of the parties or their representatives. Copies of the request shall be served on all parties to the nego- tiation.

D.      The mediator shall have discretion to regulate the course of the mediation, including scheduling of mediation sessions, in con- sultation with the parties. The following general procedures apply:

1.        The mediator will not impose a settlement but can offer proposals for settlement;

2.        The mediator may meet individually with the parties or attorneys during mediation;

3.        Only the parties to the negotiation may attend the media- tion session or sessions, unless all parties consent to the presence of others;

4.        Parties shall provide the mediator with a brief statement of position and relevant background information prior to the first mediation session. The mediator may ask for this information to be supplemented;

5.        The mediator will not provide legal advice to the parties, nor will any mediator’s statements as to law or policy be binding on the Commission, unless later adopted by the Commission;

6.        The mediation process is confidential, to the extent per- mitted by law. No stenographic record will be kept.

E.       All parties participating in a requested Commission mediation have a duty to negotiate in good faith. The mediator may ter- minate the mediation if it appears that the likelihood of agree- ment is remote or if a party is not participating in good faith, or for other good cause. Ordinarily, a mediation should not be ter- minated prior to the completion of at least one mediation ses- sion.

Historical Note

Emergency rule adopted effective July 23, 1996, effective for a maximum of 180 days, under a court-ordered exemption as determined by the Arizona Corporation Commission; filed with the Office of the Secretary of State July 15, 1996 (Supp. 96-3). Emergency expired. Emergency rule adopted again effective January 17,  1997, for a maximum of 180 days, under a court-ordered exemption as determined by the Arizona Corporation Commission (Supp. 97-1). Emergency expired. New Sec- tion adopted effective August 27, 1997, under an exemp- tion as determined by the Arizona Corporation Commission (Supp. 97-3).

Note

Editor’s Note: The Arizona Corporation Commission has determined that the following Section is exempt from the Attorney General approval provisions of the Arizona Administrative Proce- dure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin

v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App. 1992)).