(1) The department may provide mediation to federal and state programs for which it is designated or has contractually agreed to provide services.

(2) The department may provide additional mediation services for other agricultural disputes if it does not have a direct conflict.

(3) The department may only provide these services if it has sufficient staff and funds available.

(1) A party wishing to use the department's mediation services for a mediation will request in writing that the department schedule a mediation.

(2) The request must state the parties involved and the nature of the dispute.

(3) The department will either send out a formal Notice of Mediation or Denial of Mediation under ARM 4.20.106.

(4) For a mediation to be docketed, both parties must consent to it.

(1) The department will charge $200 per hour for mediations.

(2) The parties will split the total cost equally and each party will be responsible for their portion of each mediation.

(3) These fees are to be paid at the end of each session.

(1) The mediation is confidential to the extent allowed by state law with all the exceptions allowed in state law.

(2) The department will not have any liability for violations of this confidentiality but will strive to protect it to the extent allowed by law.

(1) The department may train its own staff for mediation and may open these trainings up to non-departmental staff including but not limited to other state agencies and law students.

(2) If non-departmental staff is trained they may be charged a fee of up to $100 per hour.

(1) If the department is unable or unwilling to provide mediation services, it will inform the requesting party of that fact and to the extent allowed provide the reason for the denial.