Section 26-C2710. MEDIATION SCHEDULING

 

2710.1Upon the timely delivery of the Mediation Election Form (Form FM-2) by the borrower(s), the Mediation Administrator shall schedule mediation between the borrower(s) and the lender to commence no later than ninety (90) days after the date of mailing of the Notice of Default on Residential Mortgage.

 

2710.2Mediation shall be completed within one hundred eighty (180) days of the date of mailing of the Notice of Default on Residential Mortgage unless extended pursuant to Subsection 2710.15.

 

2710.3The Mediation Administrator, or the Mediator with the consent of the Mediation Administrator, may reschedule a scheduled mediation upon no less than two (2) business days’ notice to each mediation party if the Mediation Administrator or Mediator determines that it is in the public’s interest to reschedule the mediation.  The Mediation Administrator or Mediator shall consult with the mediation parties with respect to the new time for the rescheduled mediation.

2710.4A mediation party who fails to attend, or send an authorized agent to a scheduled mediation without good cause shown shall be deemed to have not acted in good faith with respect to the mediation.

 

2710.5A mediation party, upon good cause shown to the Mediation Administrator, or Mediator acting with the consent of the Mediation Administrator, may request the rescheduling of a mediation that has been scheduled by the Mediation Administrator or Mediator.

 

2710.6The Mediation Administrator or Mediator shall approve or disapprove a request to reschedule a mediation pursuant to Subsection 2710.5 within one (1) business day of the request of the mediation party and shall inform the mediation parties of the determination and, if the request is approved, the Mediation Administrator or Mediator shall inform the mediation parties of the new time for the rescheduled mediation within two (2) business days of the approval of the request to reschedule the mediation.  The Mediation Administrator or Mediator shall consult with the mediation parties with respect to the new time for the rescheduled mediation.

 

2710.7The borrower(s) and the lenders shall have the right to request at least one (1) rescheduling of a mediation that has been scheduled by the Mediation Administrator or Mediator pursuant to Subsection 2710.5.

 

2710.8A lender who fails to mediate in good faith with respect to mediation as provided in Section 2713 shall be subject to a penalty as provided in D.C. Official Code § 42-815.02 (e)(2).

 

2710.9The Mediation Administrator may terminate the mediation if the Mediation Administrator determines that the lender has failed to participate in the mediation in good faith for more than thirty (30) consecutive days.

 

2710.10 [REPEALED]

 

2710.11 Any applicable time period set forth in the Act or in this chapter shall toll during the period in which a lender fails to act in good faith with respect to mediation.

 

2710.12 Each mediation party shall bring all documentation and information required by Section 2714 to all scheduled mediation sessions.

 

2710.13 A mediation party that fails, without good cause shown to the Mediator, to bring any required documentation or information required by Section 2714 shall be deemed to have not acted in good faith with respect to the mediation.

 

2710.14 Upon a showing of good cause by a mediation party or when in the public interest, a Mediator may reschedule a mediation within five (5) days to enable a mediation party to produce required documentation or information to the other mediation party or the Mediator.

 

2710.15 The mediation parties may agree to extend mediation for an additional thirty (30) days beyond the one hundred eighty (180) day period provided by D.C. Official Code § 42-815.02(e)(5) by mutual consent by executing a Mediation Extension Form (Form FM-3EX), as prescribed by the Commissioner and available on the Commissioner's website at http://disb.dc.gov, and shall include all information specified in Form FM-3EX.

 

2710.16 A borrower who fails to bring all applicable documentation and information to mediation pursuant to Subsection 2710.12 shall not be entitled to continue to participate in the mediation unless the Mediation Administrator determines that good cause has been shown for such failure.

 

2710.17 A mediation session may be scheduled by telephone, mail, email, or facsimile.

 

2710.18 A mediation scheduled by telephone shall be supplemented by notice of the mediation by mail, email, or facsimile, provided by a mediation party.

 

2710.19 Notice of a scheduled mediation shall be provided to all borrowers to whom the Notice of Default on Residential Mortgage (Form FM-1) was mailed.

 

2710.20 A mediation scheduled with a Mediator by the Mediation Administrator pursuant to Subsection 2717.3(a) shall be completed within fifteen (15) days of the referral.

 

2710.21 A mediation shall not exceed two (2) sessions, each lasting a maximum of three (3) hours, which may be scheduled consecutively.

 

2710.22 A mediation that is rescheduled, during the time of a scheduled mediation session, pursuant to Subsections 2710.14 and 2712.8 shall constitute one (1) of the two (2) mediation sessions pursuant to Subsection 2710.21.

 

 

authority

Section 539b of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 42-815.02(j) (2012 Repl.)), and Mayor’s Order 2011-51, dated March 2, 2011.

source

Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011); as amended by Final Rulemaking published at 61 DCR 6390 (June 27, 2014).