Section 5-E708. MEDIATION

 

708.1The parties may agree upon the appointment of a mediator. If the parties fail to agree upon the appointment of a mediator within ten (10) days of the date of submission of a proposal for appointment by either party, pursuant to § 707.4, either party may request the Federal Mediation and Conciliation Service or Board of Labor Relations to appoint a mediator.

 

708.2A mediator appointed or mutually designated pursuant to the provisions of this section shall be experienced in the mediation of urban government and public school matters.

 

708.3The format, date, time, and location of each meeting shall be established by the mediator.

 

708.4All meetings shall be held in closed session, as defined in § 707.

 

708.5The mediator may meet with both parties separately or in joint session.

 

708.6All mediation proceedings shall be confidential and the mediator shall make no public statement on the issue(s) in controversy, unless the statement is authorized in advance by both parties.

 

708.7All information, reports, records, documents, and statements made by or submitted to the mediator by either party shall be strictly confidential and shall not be disclosed by the mediator.

 

708.8All documents, reports, or other written material prepared by the mediator shall be strictly confidential and shall not be disclosed.

 

708.9The mediator shall be authorized to terminate mediation proceedings at any time and may refer the remaining issue(s) in dispute to fact-finding upon a determination that the mediation process will no longer be productive toward the resolution of the disputed issue(s).

 

source

Final Rulemaking published at 24 DCR 6446, 6470 (February 3, 1978).