Mediation

(1) Voluntary Mediation. Prior to the initiation of negotiations, if the developer and the host communityagree to utilize the services of a mediator the Council shall provide each partywitha list of available mediators. (2) Requirement of mediation. Forty-five days after a determination by the Council that the Draft SEA is adequate, the Council may require the parties to utilize a mediator selected by the Council if: (a) the parties have either refused to utilize a mediator or have failed to agree upon one; (b) the Council determines that negotiations are not progressing in a satisfactory manner; and (c) the Council determines that the services of a mediator would be beneficial. (3) Compensation for the Mediator. If the Council requires the parties to utilize a mediator, the Council shall compensate the mediator for each day or part thereof of his services, as the Council shall determine. (4) Powers. The mediator shall aid the parties in executing a siting agreement and shall be required to: (a) keep the Council and the Department informed of the time and place of negotiation sessions and any progress toward the execution of a siting agreement; (b) hold meetings at times and places convenient to both parties.