North Dakota Administrative Code
Title 46 - Labor Commissioner
Article 46-04 - Human Rights
Chapter 46-04-01 - Human Rights Practice and Procedure
Section 46-04-01-07 - Informal negotiations

1. In all cases involving allegations of discriminatory practices, the department, during the period beginning with the filing of a complaint or charge of discrimination and ending with the dismissal or the issuance of a determination of probable cause by the department, to the extent feasible, shall engage in informal negotiations in an attempt to resolve the complaint or charge of discrimination.

2. The department does not represent any party in the informal negotiation process and shall act as a neutral third party in attempting to reach an agreement that is satisfactory to all parties.

3. A negotiated settlement agreement between the complainant or charging party and the respondents shall be reduced to writing, is subject to departmental approval, and is enforceable in the same manner as a final determination of the department. A copy of the signed negotiated settlement agreement shall be provided to the complainant or charging party and the respondents.

4. A negotiated settlement agreement may include terms for monitoring compliance with the agreement. The department may require any party to submit compliance reports as the department deems necessary to show the manner of compliance with the terms of the negotiated settlement agreement.

5. When the department is unable to obtain voluntary compliance and it is determined that further efforts would be futile or nonproductive, the parties will be notified in writing that negotiations to resolve the dispute have failed. If any party fails to respond within fifteen days after the receipt of a proposed negotiated settlement, the department may conclude that negotiations have failed as a result of the inactivity.

6. The department shall monitor all negotiated settlement agreements which have been approved by the department and which require specific performance by one or more of the parties. If it appears that a party is not in compliance with the terms of the agreement, the department shall notify the party in an attempt to obtain voluntary compliance or conduct further investigation into the alleged breach, or do both.

7. If there is probable cause to believe that a party has breached the negotiated settlement agreement, the department may commence proceedings to enforce the agreement unless to do so would not warrant the use of department resources.