HEERA provides that in negotiating contracts the parties engage in good faith negotiations to try to resolve their differences and to attempt to achieve a signed, written contract. In the event the parties cannot reach agreement, HEERA provides impasse procedures. These procedures involve intervention in the negotiation process by a mediator (provided by the State Mediation & Conciliation Service or mutually selected by the parties to the contract). If mediation fails, the law provides for a "factfinding" process wherein both parties present their respective positions on unresolved bargainable issues, and a factfinder issues recommendations to attempt to resolve the differences between the parties on the unsettled issues. At the conclusion of factfinding, if the parties cannot reach agreement using the factfinder's recommendations the recommendations are made public.
