Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.05 - Commercial Nondiscrimination Policy
Section 14.03.05.07 - Mediation Process
Universal Citation: MD Code Reg 14.03.05.07
Current through Register Vol. 51, No. 19, September 20, 2024
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.
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