(a) A mediator panel may be used in collective bargaining when:
(1) the Montgomery Commission and the employee organization agree to mediation; or
(2) an impasse results, and the Montgomery Commission or the employee organization requests mediation.
(b) (1) The Montgomery Commission and the employee organization shall:
(i) each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and
(ii) together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
(2) If the Montgomery Commission and the employee organization cannot agree on a jointly appointed mediator, the labor relations administrator shall choose the third mediator.
(c) The Montgomery Commission and the employee organization shall share the costs of mediation equally.