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Early Case Evaluation : Q & A : Mediation : Mini-Hearing : Mediated Settlement Conference

Generally, mediation occurs before formal proceedings begin. However, ADR is available at any time up to and even after a formal proceeding is initiated, until a formal decision is issued by the agency. A mediated settlement conference is a specialized form of mediation which can be used in some formal proceedings pending before OAH. If an agency requests that a case go to a hearing, an ALJ (the presiding ALJ) presides over the case. However, a properly trained ALJ can still be assigned to serve as mediator. The mediator ALJ does not have authority to extend deadlines or issue any orders in the formal proceeding. The mediator ALJ will mediate the dispute and will report in writing to the presiding ALJ whether the mediation resulted in any agreements, but the mediator ALJ will not discuss the mediation with the presiding ALJ.