D.C. Mun. Regs. tit. 31, r. 31-713
Mediation shall consist of an informal and voluntary meeting between the Office and the respondent, at a time and place designated by the Office, for the purpose of addressing a public complaint it has received, or an enforcement action it has filed or may file.
The Office shall extend an invitation to mediate when a public complaint is filed or when the Office is considering the issuance of an order of immediate suspension of a license, and may, in its discretion, extend an invitation to mediate any other matter.
A respondent shall not be required to participate in mediation. An invitation to mediate shall not be considered a compliance order pursuant to § 702.2.
Mediation shall be scheduled by the Office to occur within a reasonable period, provided, however, that where the Office is considering an immediate suspension, the mediation shall be scheduled for not later than three (3) business days following service of the invitation.
An invitation to mediate shall be accepted by the respondent not later than the deadline set by the Office, provided, however, that the deadline shall be ten (10) calendar days following service if the invitation is based on a public complaint, and two (2) business days if the Office is considering the issuance of an order of immediate suspension.
Each invitation to mediate shall be in writing and:
Each invitation to mediate shall be served in the manner prescribed by § 712.
If the Office receives a timely acceptance from the respondent and the respondent appears on time for mediation, the Office shall mediate the matter as stated in the invitation. If the Office does not receive a timely acceptance from the respondent or the respondent does not appear on time for mediation, the Office may initiate an enforcement action.
The Office may reschedule a mediation one time for good cause shown provided the request to reschedule is received by the Office not later than: three (3) business days before the mediation date, the deadline for acceptance of the invitation where the Office is considering the issuance of a notice of immediate suspension, or a shorter period if exigent circumstances (such as hospitalization) exist and are supported by appropriate documentation.
At mediation, the parties may negotiate and reach agreement on any penalty that would be available if an enforcement action were taken (including a full or partial payment of a civil fine), admission of liability, execution of a compliance agreement or consent decree, suspension or revocation of a license, or any other relief authorized by law.
No fact related to or concerning mediation shall be admissible in the adjudication of an enforcement action, including without limitation whether a mediation session occurred or did not occur, whether a mediation session was rescheduled or not, and the substance or fact of a party's offer to compromise, provided, however, that any information or document not created in anticipation of mediation or which rebuts an allegation by the respondent that it was not given notice shall be admissible regardless of whether it was obtained in connection with mediation. An enforcement action shall not be limited to the circumstances, evidence, civil infraction, or potential penalty stated in an invitation to mediate provided any change is based on subsequently-acquired information, further investigation, or additional analysis.
D.C. Mun. Regs. tit. 31, r. 31-713