If a dispute has not been settled after bilateral negotiations and mediation, fact-finding may be initiated. A party may request the appointment of a fact finder by giving written notice to the agency, the mediator, and the opposite party.

(1) For disputes involving educational employees under chapter 41.59 RCW who have made a request for the appointment of a fact finder, a period of 10 days of mediation must have elapsed. The parties may, by agreement made at any time before the appointment of a fact finder, extend the period for mediation or authorize the mediator to determine when mediation has been exhausted so as to warrant the initiation of fact-finding.

(2) For disputes involving state civil service employees under chapter 41.80 RCW, fact-finding must be initiated if resolution is not reached through mediation by 100 days beyond the expiration date of a contract previously negotiated under that chapter or 100 days from the initiation of mediation if no such contract exists.