Procedures for Mediator Selection

Per BOR Code Title 2, Chapter 6, Section 6.6.4

1. The Director of Human Resources or their designee will identify a pool of at least three (3) potential mediators from professional employees of other NSHE institutions who have appropriate mediation training and are willing/available to serve as a mediator on behalf of TMCC.
   1. The Director of Human Resources or their designee will ensure the identified pool of potential mediators do not have a conflict of interest or a relationship to any involved parties which may prevent them from being impartial.
   2. The Director of Human Resources or their designee will send both parties of the mediation the list of potential mediators and inform them of their optional right to exercise a peremptory challenge to remove one mediator from the list within five (5) calendar days of receipt of notification. If, after this right is exercised, more than one mediator remains on the list, the final mediator will be chosen randomly. If the chosen mediator becomes unavailable, another mediator will be chosen randomly from the remaining pool.
2. If fewer than three (3) potential mediators are initially identified, or if there are no available mediators available through the processes outlined in sections 1.a and 1.b, the Director of Human Resources or their designee may arrange for an external mediation service to be used, through the Neighborhood Mediation Center or similar free mediation service. If no such free service is available, an alternate paid service or an external independent trained mediator may be used. The employee may request a paid external mediation service or independent mediator of their own choosing but may be required to pay for half of the total cost of the mediation. Both parties must agree to the choice.
3. If, after exercising all due diligence, an external mediator cannot be identified to complete the mediation within the time required by the NSHE Code with the processes outlined in sections 1 and 2, or the employee does not wish to pay for half the total cost of mediation, the Director of Human Resources or their designee may identify a pool of at least three (3) potential mediators from TMCC professional staff who have appropriate mediation training and are able to serve as a mediator. The process will then proceed as in section 1.A and 1.B.