D.C. Mun. Regs. tit. 4, r. 4-109

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 4-109 - MEDIATION

109.1

After a complaint has been properly filed, the complainant and respondent shall attend a mandatory mediation session that shall be held on a mutually agreed upon date or a date specified by the Director.

109.2

A mediator shall be appointed by the Director from a list of individuals qualified in alternative dispute resolution.

109.3

Prior to beginning the mediation session, the mediator shall require both parties and their representatives to sign an agreement that all aspects of the mediation shall be kept confidential. OHR shall maintain exclusive control over the agreement and all other documents directly related to the mediation.

109.4

No 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.

109.5

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

109.6 The parties shall have forty-five (45) days after the date of the initial mediation session within which to reach an agreement. If an agreement is reached, the terms and conditions of the agreement shall control resolution of the complaint.

109.7

If an agreement is reached by the parties, the case shall be administratively dismissed by OHR with prejudice.

109.8 If an agreement is not reached within the forty-five (45) day period, OHR shall initiate an investigation of the complaint, unless the parties request an extension of the mediation period.

109.9 OHR may initiate an 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.

D.C. Mun. Regs. tit. 4, r. 4-109

Regulation No. 73-22, approved November 16, 1973; Mayor's Order 75-230, dated October 31, 1975, 34 DCRR; as amended by Final Rulemaking published at 31 DCR 56, 67-68 (January 6, 1984); as amended by Final Rulemaking published at 43 DCR 6569, 6573 (December 13, 1996); as amended by Final Rulemaking published at 57 DCR 9162, 9173-9174 (October 1, 2010)

Authority: Set forth in section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) ).