D.C. Mun. Regs. tit. 6, r. 6-B607

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

Rule 6-B607 - MEDIATION PROGRAM

607.1

All appeals from adverse actions filed pursuant to §604.1 shall be subject to mandatory mediation.

607.2

The Office shall exert every possible effort to resolve matters by mediation, to the extent possible, rather than through litigation.

607.3

The Executive Director shall designate the mediation coordinator to implement the mediation program of the Office.

607.4

The mediation coordinator shall review the appeals pending in the Office and assign cases to the mediator where there is a reasonable likelihood of settlement to the mediation.

607.5

Any party may file a request for mediation with the Office. Upon the consent of all parties, the matter shall be placed on the mediation docket.

607.6

If a party declines mediation, the party must notify the Office in writing. The written notice will be considered part of the administrative record.

607.7

The mediation coordinator shall assign the matter to a mediator who shall promptly convene a conference for the purpose of attempting to reach a voluntary resolution of the appeal. The Administrative Judge assigned to an appeal may not serve as mediator on that appeal. A mediator may not be called as a witness in any proceeding concerning matters raised in a case to which they are assigned to attempt mediation.

607.8

The employee and their representative shall attend the conference. A representative of the agency with authority to approve a settlement by the agency shall either attend the conference or be available by telephone at the time set for and throughout the conference. The parties shall engage in good-faith efforts to resolve the matter.

607.9

The discussions at the conference and the offers of the parties shall be confidential and may not be offered or received into evidence or otherwise disclosed in subsequent adjudication or litigation.

607.10

Upon the failure of the parties to reach a settlement through mediation, the mediator shall assign the matter to an Administrative Judge for adjudication.

607.11

If the parties reach a settlement, the matter shall be dismissed in accordance with D.C. Official Code § 1-606.06(b).

D.C. Mun. Regs. tit. 6, r. 6-B607

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2132 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).