Section 4-710. MEDIATION

 

710.1The complainant and respondent must attend a mandatory mediation session to be held on a mutually agreed upon date.

 

710.2A Mediator shall be appointed by the Director, or his designee, from a list of individuals qualified in alternative dispute resolution.

 

710.3Prior to beginning the mediation session, the Mediator shall require both parties and their representatives to sign an agreement that all aspects of the mediation are to be kept confidential.

 

710.4No aspect of the mediation shall become a part of the investigative record, and the Mediator shall not be called as a witness in any later proceeding between the parties.

 

710.5During the mediation, the parties shall discuss the issues in the complaint in an effort to reach an agreement that satisfies the interest of all concerned parties.

 

710.6The parties shall have forty-five (45) days from the date of the initial mediation session within which to mediate a settlement.  If an agreement is reached during the mediation process, the terms of the agreement shall control resolution of the complaint.  

 

710.7The Office may initiate a preliminary investigation before the conclusion of the mediation proceedings.  If the parties are finalizing a settlement agreement, the respondent may request an extension of time in which to file an answer.

 

710.8If an agreement is not reached, the Office shall proceed with an investigation of the complaint.

 

source

Final Rulemaking published at 56 DCR 007324 (September 4, 2009).