Section 1457.330  Mediation

If a shipper and carrier are unable to resolve a dispute, either party may request the Commission staff's participation in the dispute resolution process as a mediator.

a)         Both shippers and carriers are required to participate in mediation in good faith.  "Good faith participation" includes participation by a representative of the carrier who has authority to agree to settlement.  However, the fact that a settlement is not achieved does not in itself constitute evidence of lack of good faith participation.

b)         Mediation may take any form or employ any process to which the parties and the mediator agree.  Mediation will terminate when the parties reach an agreement about all issues in dispute, when the shipper withdraws as a participant, or when the staff mediator determines that there is no reasonable likelihood that the parties will reach an agreement on any issues remaining in dispute.

c)         At the conclusion of mediation, the staff mediator will prepare a memorandum for the parties reflecting the terms of their agreement.  If any issues remain unresolved, the staff mediator will give the parties a written opinion as to the merits of the issues remaining in dispute, based on the information available to the staff mediator and the applicable law.  The opinion expressed by the staff mediator shall not be binding on the Commission.

(Source:  Amended at 31 Ill. Reg. 3156, effective March 1, 2007)