Section 348-2-04 - EARLY RESOLUTION SETTLEMENTA. Subsequent to notification and separate from the investigation of the allegations in the complaint, the Commission's Executive Director or their designee will provide an opportunity to the parties for discussion of settlement. This may but is not required to include an opportunity for the parties to participate in a third-party neutral mediation program established by the Commission. Such a third-party neutral mediation program may permit one or more parties to a complaint to agree to pay the costs of mediation. The Commission may approve the receipt of funds from any source for the purposes of implementing and administering a third-party neutral mediation program. (1) Participation in the third-party neutral mediation program will not operate to toll any deadline associated with the investigation of the complaint.(2) Complaints will not be referred to the third-party mediation program until all of the initial documents (complaint, response from respondent, complainant's reply to respondent's response) have been received by the Commission.B. Evidence of conduct or statements made in settlement negotiations, mediation, settlement offers, and any final agreement reached prior to a determination by the Commission, are confidential and may not be disclosed without the written consent of the parties, or used as evidence in any subsequent proceeding, except in an action for breach of the agreement. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement.C. Prior to a determination by the Commission of whether there are reasonable grounds to believe that unlawful discrimination has occurred, if the matter is resolved to the mutual satisfaction of the parties and to the satisfaction of the Commission's Executive Director or their designee, the Executive Director or their designee shall have the authority to sign any settlement agreement on behalf of the Commission, together with the parties. When the Commission agrees in any negotiated settlement not to process that complaint further, the Commission's agreement shall be in consideration for the promises made by the other parties to the agreement. The complaint will be dismissed by the Commission's Executive Director or their designee upon ascertainment that the terms of settlement have been met. In order to facilitate the ascertainment that the terms of settlement have been met, the parties shall provide the terms of any agreement between them to the Executive Director or their designee upon request. Any information provided to the Executive Director for this purpose shall remain confidential, except that settlement information may be reported to the Commission and to EEOC or HUD if the case is dual-filed. Failure to provide the required information may result in a delay in the dismissal of the complaint.D. In the alternative, the Commission's Executive Director or their designee or a mediator assigned pursuant to a third-party neutral mediation program established by the Commission may facilitate a settlement between the parties resulting in the withdrawal of the complaint pursuant to 2.02(G). It is a condition of the use of the Commission's third-party neutral mediation program that the terms of any agreement reached by the parties, whether at the mediation or subsequently, will be provided to the Executive Director or their designee. Any information provided to the Executive Director for this purpose shall remain confidential, except that settlement information may be reported to the Commission and to EEOC or HUD if the case is dual-filed.E. The Commission specifically delegates to its Executive Director and its Commission Counsel the authority to approve and execute predetermination settlement agreements in the name of the Commission.94-348 C.M.R. ch. 2, § 04