<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 14.03.05.07" title_num="14" subtitle_num="03" chapter_num="05" heading="Mediation Process.">
  <paragraph num="A.">
    <text>Mediation.</text>
    <paragraph num="(1)">
      <text>To promote a prompt and just resolution of a complaint, parties to a complaint are encouraged to enter into mediation to settle the complaint.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Before the commencement of an investigation of a complaint, Commission staff shall review the complaint to determine whether mediation would be appropriate.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission shall provide each party with written notice of the opportunity to mediate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Process.</text>
    <paragraph num="(1)">
      <text>Participation in mediation is voluntary. Before mediation may occur, all parties shall sign a request form indicating their intent to mediate the complaint.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Agreement. If the parties reach an agreement to settle the complaint:</text>
    <paragraph num="(1)">
      <text>The terms of the agreement shall be put in a written document and signed by all parties; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The complainant shall authorize a withdrawal of the complaint.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Termination of Mediation Efforts.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The mediator shall destroy all information gathered during the mediation meeting.</text>
    </paragraph>
  </paragraph>
</regulation>