Published: 2016-04-29

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2815.1 Mediation is a process of assisted, informal negotiation which uses a neutral third party, the mediator, to aid the parties in exploring the possibility of settlement. No party may be compelled to accept a settlement or other resolution of the dispute in mediation.

2815.2 At any time during case proceedings, an Administrative Law Judge may refer a case for mediation to a qualified mediator with or without the consent of the parties. Any party may request an Administrative Law Judge to refer a case for mediation.

2815.3 Mediations are confidential and closed to the public. Mediations may not be recorded electronically or in any other manner, with or without the consent of the parties. Evidence of anything that occurs during mediation sessions and documents prepared exclusively for or during mediation, may not be introduced into evidence or otherwise disclosed to the presiding Administrative Law Judge. Nothing in this subsection prohibits the introduction or disclosure of information or evidence that any party obtained outside of mediation.

2815.4 The mediator may speak privately with any party or any representative during the mediation process.

2815.5 The mediator shall not disclose anything that occurs at mediation to the presiding Administrative Law Judge except to report without elaboration:

(a) Whether the parties reached an agreement; and, if not

(b) Whether he or she believes further mediation would be productive.

2815.6 The mediator may not be called to testify, participate in discovery, or otherwise provide information in any subsequent proceeding related to the mediation.

2815.7 An Administrative Law Judge who conducts mediation may not be the Administrative Law Judge in any subsequent proceedings for the case, but, with the consent of the parties, may issue an order on procedural matters concerning the mediation or reflecting any agreement reached during the mediation.

2815.8 All parties or their representatives must appear for any mediation session. Any representative who appears must have authority to resolve the case.

2815.9 If a party or representative fails to appear at a scheduled mediation session without good cause, the mediator shall notify the presiding Administrative Law Judge who may impose sanctions.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).