LD 1318, Page 7 - 121th Legislature, FIRST REGULAR Session

authorize mediation services and expenditures incurred by

members of the panel.__All costs must be paid from that

special fund.__The executive director may estimate costs

upon receipt of a request for services and collect those

costs prior to providing the services.__The executive

director shall bill or reimburse the parties, as

appropriate, for any difference between the estimated costs

that were collected and the actual costs of providing the

services.__Once one party has paid its share of the

estimated cost of providing the service, the mediator is

assigned.__A party who has not paid an invoice for the

estimated or actual cost of providing services within 60

days of the date the invoice was issued is, in the absence

of good cause shown, liable for the amount of the invoice

together with a penalty in the amount of 25% of the amount

of the invoice.__Any penalty amount collected pursuant to

this provision remains in the special fund administered by

the Maine Labor Relations Board, and that fund does not

lapse.__The executive director is authorized to collect any

sums due and payable pursuant to this provision through

civil action.__In such an action, the court shall allow

litigation costs, including court costs and reasonable

attorney's fees, to be deposited in the General Fund if the

executive director is the prevailing party in the action.

B.__Voluntary mediation may not last for more than 5 days,
unless extended by mutual agreement of the bargaining
parties.

2.__Required mediation.__Any matters remaining in dispute
between a forest landowner and a qualified bargaining
association 30 days prior to the contract date, as defined in
this subsection, must be submitted by the parties to required
mediation.

A.__For purposes of this section, the contract date is as
follows.__If there is no contract existing between the
parties at the time of required mediation under this
section, the contract date is the date set by the board,
in consultation with the parties, as the date by which a
contract must be signed by both parties.__After that date,
as between those parties, the contract date is the
anniversary of the date set by the board initially.__Once
a contract date has been established under this paragraph,
the parties may mutually agree to a different contract
date, provided that they do so no less than 45 days prior
to the contract date established under this paragraph.

B.__If the parties have not mutually agreed on a mediator and
on the sharing of costs of mediation 30 days before the

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