(1) If disputes arise during the formation of a partnership agreement, the certified employee organization and the state, to encourage a true cooperative partnership, shall engage in the dispute resolution process established in this section or an alternative procedure established by mutual agreement. All deadlines may be extended pursuant to mutual agreement of the parties. (2) (a) If the certified employee organization and the state cannot reach agreement within ninety calendar days after commencing meetings to draft a partnership agreement, either party may request that the matters on which the parties cannot reach agreement be sent to mediation with a mutually agreed upon mediator. The mediator shall be selected from a list of five candidates provided by a respected, national, not-for-profit entity that provides alternative dispute resolution services. (b) If the parties do not reach an agreement on outstanding issues within thirty calendar days after commencing mediation, the mediator shall issue a recommendation on all of the outstanding issues. The mediator shall issue the recommendation within fifteen calendar days of the end of the thirty-day mediation period. The mediator's recommendation shall be shared with both parties and either party may share it with others or make it public. (c) If, after mediation, the parties do not reach agreement on all issues, they may enter into a partnership agreement on the issues on which they have reached agreement. (d) The cost of the mediator pursuant to this section shall be shared equally by the certified employee organization and the state. (e) With the exception of the recommendation of the mediator, all documents, proposals, and draft and tentative agreements, drafted or exchanged pursuant to the process established in this section, are privileged and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. (3) Any controversy concerning unfair labor practices of the state or certified employee organization may be submitted to the division by the state, certified employee organization, or affected employee in a manner and with the effect provided in article 3 of title 8 and rules promulgated thereunder; except that nothing in this part 11 prevents the pursuit of equitable or legal relief in courts of competent jurisdiction. A claimant is not required to exhaust administrative remedies.
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