ARM 24.28.108

Nelson v. State Compensation Insurance Fund [4/4/96] 1996 MTWCC 29 Although respondent moved to dismiss petition for failure to mediate, affidavit from claimant’s counsel indicated that two mediation conferences were held, but no mediation report issued where respondent had asked for additional medical information, which claimant cooperated in allowing respondent to obtain. Although section 39-71-2411(5), MCA (1995) and ARM 24.28.108(2), require that a mediation report issue within ten days, there are provisions for postponement, but not unilateral postponement. The parties are directed to contact the mediator and request that a report issue forthwith. They should provide any additional information they wish to provide to the mediator.