(1) Upon petition, the division, any member or employee thereof designated by the division, or any other competent, impartial, disinterested person designated by the division may act as the mediator in a dispute or, if available, the division may request a mediator from the Federal Mediation and Conciliation Service or from the American Arbitration Association.

(2) Any information disclosed to the mediator in the performance of his duties shall not be divulged unless approved by the parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator shall be classified as confidential and not as a public record. Such matters shall not be disclosed to anyone without the prior consent of the division.

(3) The mediator shall not produce any confidential records or testimony with regard to any mediation conducted by him on behalf of the party to any case pending in any proceeding before any court, board, investigatory body, arbitrator, or fact finder without the written consent of the division.

(4) The mediator may hold separate or joint meetings with the parties or their representatives, and such meetings shall be private and nonpublic, except if otherwise mutually agreed upon by the parties.

(5) The mediator shall, within 30 days of his designation, report in writing the progress of his mediation efforts, as well as the terms of the settlement of the dispute, if any, to the division.