20 Va. Admin. Code § 5-405-120

Current through Register Vol. 41, No. 6, November 4, 2024

Section 20VAC5-405-120 - Mediation

A. Either party may, at any time prior to five calendar days before the hearing, request that the Division of Communications conduct supervised settlement discussions. The request shall act as a stay of the proceedings of up to five business days pending mediation. However, the carriers may, by mutual agreement, further extend this period for an additional 30 days. No further extensions shall be permitted. The mediator shall have discretion to shorten the time period for mediation if it appears that settlement is unlikely. If no settlement is reached, the stay will be terminated and the case referred back to the assigned hearing examiner. The stay shall not count against the hearing examiner's time to issue an initial decision. If a settlement is reached, the assigned mediator will immediately issue a mediation report with the attached proposed settlement agreement to the assigned hearing examiner for review and disposition by initial decision.

B. Staff assigned as mediators shall be bound by the commission's Rules of Practice and Procedure (5VAC5-20-10 et seq.) regarding their participation in a subsequently docketed case involving the same dispute.

Derived from Virginia Register Volume 18, Issue 5, eff. October 23, 2001.

Statutory Authority

§ 12.1-13 of the Code of Virginia.