Sec. 14.03.05.07. Mediation Process

A. Mediation.

(1) To promote a prompt and just resolution of a complaint, parties to a complaint are encouraged to enter into mediation to settle the complaint.

(2) Before the commencement of an investigation of a complaint, Commission staff shall review the complaint to determine whether mediation would be appropriate.

(3) The Commission shall provide each party with written notice of the opportunity to mediate.

B. Process.

(1) Participation in mediation is voluntary. Before mediation may occur, all parties shall sign a request form indicating their intent to mediate the complaint.

(2) Upon receipt of a signed mediation request from all parties, the Commission shall suspend the normal investigation process and the parties shall be assigned to a neutral mediator in an attempt to resolve the complaint.

(3) As a condition precedent to the convening of any mediation meeting, the Commission may require a party to submit information which will facilitate an understanding of the case and promote its resolution.

(4) Information shared with the mediator during the mediation meeting may not become a part of the investigative record and may not be used against any party.

C. Agreement. If the parties reach an agreement to settle the complaint:

(1) The terms of the agreement shall be put in a written document and signed by all parties; and

(2) The complainant shall authorize a withdrawal of the complaint.

D. Order of the Commission. An agreement resulting from the mediation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law.

E. Termination of Mediation Efforts.

(1) If no agreement is reached within 20 days of the initial meeting, the mediator shall refer the complaint back to the Commission for processing. The mediator may extend the 20-day period with the consent of the parties.

(2) The mediator shall destroy all information gathered during the mediation meeting.