Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.06 - Mediation

Universal Citation: 804 MA Code of Regs 804.1

Current through Register 1531, September 27, 2024

(1) Mediation. The Commission may offer the parties mediation aimed at resolution of the complaint prior to the issuance of an investigative disposition or a final decision. Mediation offered to the parties by the Commission is subject to M.G.L. c. 233, § 23C, and the following conditions:

(a) The mediation of a complaint shall be performed by the Investigating Commissioner.

(b) The Commission does not abrogate its obligation to vindicate the public interest by offering mediation to the parties.

(c) Pursuant to 804 CMR 1.06(1)(a) and (b), the confidentiality required by M.G.L. c. 233, § 23C applies to the Commission as a whole. Details of a mediation remain confidential within the Commission and confidential mediation materials not otherwise discoverable shall not be disclosed in any judicial or administrative proceeding, including public hearings held pursuant to 804 CMR 1.12, 1.18 or 1.19.

(d) The Commission may cancel or terminate its efforts to mediate a complaint if: any party fails or refuses to confer with the Commission; any party fails to make a good faith effort to resolve any dispute; the complainant fails to accept a reasonable settlement offer as provided in 804 CMR 1.09(11); the mediation does not serve to vindicate the public interest; or the Commission finds, for any reason, that voluntary agreement is not likely to result.

(e) All parties shall attend mediation with authority to settle the matter.

(f) At a predetermination mediation, a party may be represented by a duly authorized representative.

(2) Mediation of HUD Housing Complaints. The Commission encourages the parties to resolve HUD housing complaints through voluntary settlement prior to the issuance of an investigative disposition through mediation, subject to the following provisions:

(a) The Investigating Commissioner shall seek the parties' voluntary participation in predetermination mediation at the Commission within 30 days of the filing of the complaint, unless impracticable to do so.

(b) Any party who declines to participate or seeks postponement of a predetermination mediation shall provide written notice to the Investigating Commissioner within 48 hours of the scheduled mediation date. Failure to provide such notice without good cause may result in sanctions against the party failing to give notice.

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