236.11 Mediation - Revision history

Hoskir: updated link to eAgreements

2024-03-04T16:07:10Z

updated link to eAgreements

← Older revision		Revision as of 11:07, 4 March 2024
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	*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).pdf Renewal for Employment as a Contract Mediator (Form_11.2.2a)]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).pdf Renewal for Employment as a Contract Mediator (Form_11.2.2a)]
	*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]
	*Form RW31 is accessible in [~~http~~://~~sp/sites~~/~~eagreements~~/~~SitePages~~/~~Home.aspx~~ eAgreements].		*Form RW31 is accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].
	</div>		</div>

Hoskir: updated content

2023-08-09T17:53:54Z

updated content

← Older revision		Revision as of 12:53, 9 August 2023
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	{\|style="padding: 0.3em~~; margin-left:15px~~; border: 1px solid #cccccc; text-align:~~center; font-size: 95%~~; ~~background:#f5f5f5" width="250px~~" ~~align="right"~~		<div style="float: right; margin-right:0px; width:275px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	\|-		'''<u><center>Forms and Information</center></u>'''
	\|'''Forms and Information'''		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20to%20Mediate%20Form%20236.11.docx Agreement to Mediate]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20of%20Settlement%20Form%20236.11.docx Agreement of Settlement]
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20to%20Mediate%20Form%20236.11.docx Agreement to Mediate]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).pdf Application for Employment as a Contract Mediator (Form 11.2.2)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Confirmation%20of%20Mediation%20Form%20236.11.pdf Confirmation of Mediation]
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20of%20Settlement%20Form%20236.11.docx Agreement of Settlement]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Checklist%20and%20Worksheet.docx Mediation Checklist and Worksheet]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Referral.docx Mediation Referral]
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).pdf Application for Employment as a Contract Mediator (Form 11.2.2)]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf Mediator Performance Appraisal (Form 11.2.10)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Confirmation%20of%20Mediation%20Form%20236.11.pdf Confirmation of Mediation]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf Proposal for Mediation Services (Form 11.2.7)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).pdf Renewal for Employment as a Contract Mediator (Form_11.2.2a)]
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Checklist%20and%20Worksheet.docx Mediation Checklist and Worksheet]		*[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]
	\|-		*Form RW31 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Referral.docx Mediation Referral]		</div>
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf Mediator Performance Appraisal (Form 11.2.10)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf Proposal for Mediation Services (Form 11.2.7)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).pdf Renewal for Employment as a Contract Mediator (Form_11.2.2a)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]
	\|-
	\|Form RW31 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|}

	==236.11.1 Mediation Process==		==236.11.1 Mediation Process==

Hallej1: /* 236.11.1.3 Purpose */

2022-08-23T18:21:45Z

236.11.1.3 Purpose

← Older revision		Revision as of 13:21, 23 August 2022
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	Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.		Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.
	<div id="Prior to offering mediation"></div>		<div id="Prior to offering mediation"></div>
	Prior to offering mediation or in the event mediation has been waived, the [~~[media~~:~~236~~.11.~~1.3_Impasse~~.docx\|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.		Prior to offering mediation or in the event mediation has been waived, the [https://epg.modot.org/forms/RW/Chapter%2011_Mediation/Impasse%20Letter.docx Impasse Letter] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.

	===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===		===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===

Smithk: /* 236.11.1.3 Purpose */

2022-02-15T20:27:38Z

236.11.1.3 Purpose

← Older revision		Revision as of 15:27, 15 February 2022
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	Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.		Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.
	<div id="Prior to offering mediation"></div>		<div id="Prior to offering mediation"></div>
	Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx\|Impasse Letter]] can be provided to the property ~~own~~ as another tool to communicate the necessity to settle the parcel.		Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx\|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.

	===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===		===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===

Smithk: /* 236.11.1.3 Purpose */ Per RW, updated mediation guidance to reflect current process and procedures, including the MoDOT Impasse Letter

2022-02-15T19:57:03Z

236.11.1.3 Purpose: Per RW, updated mediation guidance to reflect current process and procedures, including the MoDOT Impasse Letter

← Older revision		Revision as of 14:57, 15 February 2022
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	Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.		Mediation is an option of MoDOT; however, it will be offered to all property owners, or their representative, when a negotiated settlement cannot be reached. Any exceptions for not offering mediation must be approved by the Asst. to the State Design Engineer - Right of Way with concurrence by Chief Counsels Office.
			<div id="Prior to offering mediation"></div>
			Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx\|Impasse Letter]] can be provided to the property own as another tool to communicate the necessity to settle the parcel.

	===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===		===236.11.1.4 Advising Property Owner that the Option to Enter into Mediation is Being Offered===

Smithk: /* 236.11.1.1 Authority */

2022-02-15T19:52:19Z

236.11.1.1 Authority

← Older revision		Revision as of 14:52, 15 February 2022
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	===236.11.1.1 Authority===		===236.11.1.1 Authority===

	The Missouri Highway and Transportation Commission is empowered to establish and adopt a mediation policy as an alternative to the costly and time consuming eminent domain process when needed right of way for road improvements cannot be acquired through the normal course of negotiations.		The Missouri Highway and Transportation Commission is empowered to establish and adopt a mediation policy as an alternative to the costly and time-consuming eminent domain process when needed right of way for road improvements cannot be acquired through the normal course of negotiations.

	===236.11.1.2 Definition of Mediation===		===236.11.1.2 Definition of Mediation===

Smithk: Updated website links for increased security

2021-10-25T18:52:37Z

Updated website links for increased security

Show changes

Smithk: Inclusive language

2021-06-03T13:40:26Z

Inclusive language

← Older revision		Revision as of 08:40, 3 June 2021
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	When contracting for mediation services without competitive proposals, the district may proceed as follows:		When contracting for mediation services without competitive proposals, the district may proceed as follows:

	:*District shall select a mediator from the current roster of approved mediators. Every effort shall be made to select the most qualified mediator available. Consideration should be given to skills possessed by the individual, past performance, pending mediation contracts, etc. District personnel shall contact the selected mediator to determine ~~his/her~~ availability to provide service within the specified time. All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation.		:*District shall select a mediator from the current roster of approved mediators. Every effort shall be made to select the most qualified mediator available. Consideration should be given to skills possessed by the individual, past performance, pending mediation contracts, etc. District personnel shall contact the selected mediator to determine the mediator's availability to provide service within the specified time. All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation.

	:*After the mediator has been made aware of all facts regarding the prospective assignment, the district shall request [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf a proposal] (Form 11.2.7) setting forth an hourly fee that will apply to services provided during length of contract. Since competitive proposals are not involved, paragraphs 1 and 2 of page 1 of the form may be deleted marked "not applicable."		:*After the mediator has been made aware of all facts regarding the prospective assignment, the district shall request [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf a proposal] (Form 11.2.7) setting forth an hourly fee that will apply to services provided during length of contract. Since competitive proposals are not involved, paragraphs 1 and 2 of page 1 of the form may be deleted marked "not applicable."
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	:'''B.''' Notification to Mediator of Unsatisfactory Performance		:'''B.''' Notification to Mediator of Unsatisfactory Performance

	:If the district right of way manager concludes after completion of the performance evaluation that a mediator's performance falls below an acceptable level, a letter signed by the district engineer shall be mailed ~~advising him/her~~ that ~~his/her~~ performance was found to be unsatisfactory. A copy of this letter is to be submitted to the division office for the mediator's permanent file.		:If the district right of way manager concludes after completion of the performance evaluation that a mediator's performance falls below an acceptable level, a letter signed by the district engineer shall be mailed stating that the mediator's performance was found to be unsatisfactory. A copy of this letter is to be submitted to the division office for the mediator's permanent file.

	:'''C.''' Notification to Mediator of Removal From Approved Roster		:'''C.''' Notification to Mediator of Removal From Approved Roster
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	:If, after receiving a letter notification of unsatisfactory performance, the mediator's work on a subsequent contract results in a performance evaluation with a recommendation to remove the mediator from the [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Approved Roster], a letter signed by the district engineer shall be mailed to the contract mediator advising that the mediator has been removed from the roster in accordance with MoDOT policy.		:If, after receiving a letter notification of unsatisfactory performance, the mediator's work on a subsequent contract results in a performance evaluation with a recommendation to remove the mediator from the [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Approved Roster], a letter signed by the district engineer shall be mailed to the contract mediator advising that the mediator has been removed from the roster in accordance with MoDOT policy.

	:Special circumstances may warrant a recommendation for the removal of a mediator from the Approved Roster as a result of ~~his/her~~ first evaluation.		:Special circumstances may warrant a recommendation for the removal of a mediator from the Approved Roster as a result of the mediator's first evaluation.

	==236.11.3 Mediation Contracts==		==236.11.3 Mediation Contracts==

Smithk: Per RW. updated links

2020-07-08T13:50:45Z

Per RW. updated links

Smithk: Per RW, updated links

2020-07-08T13:20:20Z

Per RW, updated links

← Older revision		Revision as of 08:50, 8 July 2020
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	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.~~docx~~ Proposal for Mediation Services (Form 11.2.7)]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf Proposal for Mediation Services (Form 11.2.7)]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).~~docx~~ Renewal for Employment as a Contract Mediator (Form_11.2.2a)]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_RENEWAL_for_Employment_as_a_Contract_Mediator_(Form_11.2.2a).pdf Renewal for Employment as a Contract Mediator (Form_11.2.2a)]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Roster%20of%20Approved%20Contract%20Mediators.pdf Roster of Approved Contract Mediators (Form 11.2.3)]
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	:'''A.''' Proposals for Contract Mediation		:'''A.''' Proposals for Contract Mediation

	:The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.~~docx~~ Proposal for Contract Mediation] (Form 11.2.7) shall be used by the mediators for submission of their proposals. The district shall include the five (5) statements from [[236.11 Mediation#236.11.2.6 Preparation of Proposals to be Provided to Mediators\|EPG 236.11.2.6]] and complete all portions of proposal except fees, date, and signature of mediator. One copy of the proposal together with a copy of a contract with exhibits and above statements shall be given to each bidder. Every bidder should be advised not to add or delete any terms or conditions or amend the proposal in any way.		:The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf Proposal for Contract Mediation] (Form 11.2.7) shall be used by the mediators for submission of their proposals. The district shall include the five (5) statements from [[236.11 Mediation#236.11.2.6 Preparation of Proposals to be Provided to Mediators\|EPG 236.11.2.6]] and complete all portions of proposal except fees, date, and signature of mediator. One copy of the proposal together with a copy of a contract with exhibits and above statements shall be given to each bidder. Every bidder should be advised not to add or delete any terms or conditions or amend the proposal in any way.

	:'''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.		:'''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.
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	:*District shall select a mediator from the current roster of approved mediators. Every effort shall be made to select the most qualified mediator available. Consideration should be given to skills possessed by the individual, past performance, pending mediation contracts, etc. District personnel shall contact the selected mediator to determine his/her availability to provide service within the specified time. All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation.		:*District shall select a mediator from the current roster of approved mediators. Every effort shall be made to select the most qualified mediator available. Consideration should be given to skills possessed by the individual, past performance, pending mediation contracts, etc. District personnel shall contact the selected mediator to determine his/her availability to provide service within the specified time. All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation.

	:*After the mediator has been made aware of all facts regarding the prospective assignment, the district shall request [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.~~docx~~ a proposal] (Form 11.2.7) setting forth an hourly fee that will apply to services provided during length of contract. Since competitive proposals are not involved, paragraphs 1 and 2 of page 1 of the form may be deleted marked "not applicable."		:*After the mediator has been made aware of all facts regarding the prospective assignment, the district shall request [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf a proposal] (Form 11.2.7) setting forth an hourly fee that will apply to services provided during length of contract. Since competitive proposals are not involved, paragraphs 1 and 2 of page 1 of the form may be deleted marked "not applicable."

	:*The proposal must be dated, signed, and submitted to the district office. The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee may negotiate with the mediator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another mediator or initiate the competitive bid process.		:*The proposal must be dated, signed, and submitted to the district office. The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee may negotiate with the mediator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another mediator or initiate the competitive bid process.
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	===236.11.2.10 Mediator Performance Evaluation===		===236.11.2.10 Mediator Performance Evaluation===

	The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.~~docx~~ Proposal for Mediation Services] (Form 11.2.7) advises that overall performance will be reviewed and that inadequate performance can result in their removal from the department's list of approved mediators.		The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.pdf Proposal for Mediation Services] (Form 11.2.7) advises that overall performance will be reviewed and that inadequate performance can result in their removal from the department's list of approved mediators.

	After completion of assignments, the right of way manager or designee may evaluate the performance of the mediator. In the case of unacceptable performance by the mediator, district personnel shall evaluate the performance of the mediator. The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf performance shall be rated] (Form 11.2.10). It is essential that this report be fully completed.		After completion of assignments, the right of way manager or designee may evaluate the performance of the mediator. In the case of unacceptable performance by the mediator, district personnel shall evaluate the performance of the mediator. The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf performance shall be rated] (Form 11.2.10). It is essential that this report be fully completed.

← Older revision		Revision as of 08:20, 8 July 2020
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	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20of%20Settlement%20Form%20236.11.docx Agreement of Settlement]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Agreement%20of%20Settlement%20Form%20236.11.docx Agreement of Settlement]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).~~docx~~ Application for Employment as a Contract Mediator (Form 11.2.2)]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).pdf Application for Employment as a Contract Mediator (Form 11.2.2)]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Confirmation%20of%20Mediation%20Form%20236.11.pdf Confirmation of Mediation]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Confirmation%20of%20Mediation%20Form%20236.11.pdf Confirmation of Mediation]
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	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Referral.docx Mediation Referral]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediation%20Referral.docx Mediation Referral]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.~~docx~~ Mediator Performance Appraisal (Form 11.2.10)]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf Mediator Performance Appraisal (Form 11.2.10)]
	\|-		\|-
	\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]		\|[http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator's%20Letter%20to%20Property%20Owner.pdf Mediator's Letter to Property Owner]
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	===236.11.2.2 Application for Employment as Contract Mediator===		===236.11.2.2 Application for Employment as Contract Mediator===

	All individuals desirous of contracting for mediation services may submit an [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).~~docx~~ Application for Employment as a Contract Mediator] (Form 11.2.2). When the application is received at the district office and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other information considered pertinent to the approval process. The division office will review the application material to determine the applicant's qualifications. The division office will advise the district office, in writing, if an applicant is approved or is rejected for lack of qualifications or other causes.		All individuals desirous of contracting for mediation services may submit an [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/236.11_Application_for_Employment_as_a_Contract_Mediator_(Form_11.2.2).pdf Application for Employment as a Contract Mediator] (Form 11.2.2). When the application is received at the district office and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other information considered pertinent to the approval process. The division office will review the application material to determine the applicant's qualifications. The division office will advise the district office, in writing, if an applicant is approved or is rejected for lack of qualifications or other causes.

	'''Duration of Approval of Fee Mediators on the Roster of Approved Mediators'''		'''Duration of Approval of Fee Mediators on the Roster of Approved Mediators'''
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	The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.docx Proposal for Mediation Services] (Form 11.2.7) advises that overall performance will be reviewed and that inadequate performance can result in their removal from the department's list of approved mediators.		The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Proposal%20For%20Mediation%20Services%20Form%20236.11.2.7.docx Proposal for Mediation Services] (Form 11.2.7) advises that overall performance will be reviewed and that inadequate performance can result in their removal from the department's list of approved mediators.

	After completion of assignments, the right of way manager or designee may evaluate the performance of the mediator. In the case of unacceptable performance by the mediator, district personnel shall evaluate the performance of the mediator. The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.~~docx~~ performance shall be rated] (Form 11.2.10). It is essential that this report be fully completed.		After completion of assignments, the right of way manager or designee may evaluate the performance of the mediator. In the case of unacceptable performance by the mediator, district personnel shall evaluate the performance of the mediator. The [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf performance shall be rated] (Form 11.2.10). It is essential that this report be fully completed.

	Some questions may require more than a simple yes or no answer. If that is the case, the comments should be written on a separate page and attached to the evaluation report.		Some questions may require more than a simple yes or no answer. If that is the case, the comments should be written on a separate page and attached to the evaluation report.
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	:'''A.''' Distribution of Evaluation Form		:'''A.''' Distribution of Evaluation Form

	:Upon completion of the district's [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.~~docx~~ performance evaluation] of a mediator, it is to be signed by the district right of way manager, the district will retain the original with a copy mailed to the division office for retention in the mediator's permanent file.		:Upon completion of the district's [http://epg.modot.org/forms/RW/Chapter%2011_Mediation/Mediator%20Performance%20Appraisal%20Form%2011.2.10.pdf performance evaluation] of a mediator, it is to be signed by the district right of way manager, the district will retain the original with a copy mailed to the division office for retention in the mediator's permanent file.

	:'''B.''' Notification to Mediator of Unsatisfactory Performance		:'''B.''' Notification to Mediator of Unsatisfactory Performance