Section 26-C2717. MEDIATION REPORT

 

2717.1Within ten (10) days after the completion of mediation, the Mediator shall file a Mediation Report with the Mediation Administrator and deliver a copy to the mediation parties.

 

2717.2The Mediation Report required by this section shall contain all of the following items:

 

(a) The date(s) on which the mediation was held, including the starting and finishing dates and times;

 

(b) The names and addresses of all persons attending, including their role in the mediation and, specifically, identifying the representative of each party who had decision-making authority, if applicable;

 

(c) A summary of any substitute arrangement made regarding attendance at the mediation;

 

(d)All calculations and other foreclosure avoidance tool calculations performed prior to or during the mediation and all information required in Section 2714;

 

(e) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties;

 

(f)  A statement as to whether a mediation party or a representative of a mediation party failed to:

 

(1) Attend the mediation;

 

(2) Make a good faith effort to mediate; or

 

(3)Supply documentation, information, or data as required by Section 2714; and

 

(g) If a settlement is not reached, a summary of the discussions of the mediation parties during the mediation.

 

2717.3Unless a settlement agreement is executed between the mediation parties, within ten (10) business days after receiving the Mediation Report and after reviewing and considering a Mediation Report the Mediation Administrator shall:

 

(a) Schedule the matter with another Mediator for one (1) additional mediation session if there is a reasonable likelihood the mediation parties will be able to reach a settlement agreement, or issue a Preliminary Mediation Certificate if the lender participated in the mediation in good faith;

 

(b) Assess any applicable penalty against the lender pursuant to the Act or this chapter, and issue a Preliminary Determination of Bad Faith if the lender did not participate in the mediation in good faith; or

 

(c) Cancel the mediation and issue a Preliminary Mediation Certificate if the borrower(s) did not participate in the mediation in good faith.

 

 

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).