3. Flat rate dues and fair share fees deductions. In the event that the dues and fair share fees assigned to the association pursuant to section 1091 1091-A are not calculated on the quantity of farm products sold or tendered by members and nonmembers to the dealer or processor, the dealer or processor shall pay the dues and fair share fees to the association according to the payment schedule contained in the assignment. No payment schedule may require the payment of assigned dues and fair share fees more frequently than once a month.

Sec. 5. 13 MRSA §1958-B, sub-§2, as enacted by PL 1987, c. 155, §15, is amended to read:

2. Required mediation. Any matters remaining in dispute between the handler and a qualified association 30 days prior to the contract date, as defined in subsection 4, shall must be submitted by the parties to required mediation. No later than 30 days prior to the contract date, the parties shall must have mutually agreed on a mediator and on sharing the costs of mediation or shall must have notified the board that the services of the State's Panel of Mediators will be needed. If services of the State's Panel of Mediators are used, the parties shall share all costs of mediation equally. Mediation shall may not continue for no more than 3 consecutive business days for annual crops; all other commodities shall may not last no more than 5 days, unless the mediator earlier declares that resolution by mediation is not possible. Mediation may be extended by mutual agreement by the bargaining parties. At the end of the mediation period or upon the mediator's earlier declaration, the mediator shall promptly prepare a report specifying all agreements reached in mediation and recommending that the parties either resume bargaining as to all matters remaining in dispute for a period of time not to exceed 2 days or that the parties submit all matters remaining in dispute to arbitration. The parties shall proceed according to the mediator's recommendation. If the parties are to resume bargaining, that bargaining shall must commence on the day after the day on which the mediator makes his the recommendation. Any matters remaining in dispute at the end of the specified bargaining period shall must be submitted to arbitration.

Sec. 6. 13 MRSA §1958-B, sub-§5, ¶D, as repealed and replaced by PL 1989, c. 703, §2, is amended to read:

D. Upon notification by the parties as provided in this subsection, the commissioner shall submit to the parties a