(1) There will be a dispute resolution process for per diem calculation issues covered under these rules.

(2) In the event that the department and the operator of a regional correctional facility cannot reach agreement on any issue covered under these rules, either party may request mediation.

(3) The mediator shall be selected by mutual agreement of the department and operator of the facility from a list of settlement masters maintained by the district court of the first judicial district court.

(4) The cost of the mediator shall be equally divided by the parties who engage in the mediation. Each party shall bear its own costs for participation in and presentation to the mediator.

(5) If this dispute resolution process does not resolve the dispute, either party is free to pursue other appropriate remedies.

(6) This dispute resolution process is not available for disputes over contract matters. The parties must use the dispute resolution provisions outlined in the contract to resolve contract disputes.