Each party must agree to the following rules before beginning the mediation conference:
- Each party voluntarily agrees to participate in mediation and attend a mediation conference.
- EACH PARTY MUST HAVE FULL AUTHORITY TO NEGOTIATE AND SETTLE AT THE MEDIATION CONFERENCE AND TO SIGN AN AGREEMENT SETTLING THE CHARGE AT THE CONFERENCE.
- Each party is limited to three participants, one of which should be designated to speak for that side; either or both of the parties may be represented by an attorney, but legal representation is not required.
- The mediation process is CONFIDENTIAL. The only information that will be kept by DHR or the mediator is a list of the participants, the date and time of the conference, the name of the mediator. If there is a settlement, DHR may keep a copy. No other record of the mediation conference will be made by DHR or the mediator.
- The participants must agree that mediation efforts will not be introduced as evidence before DHR, HRC, or any judicial or administrative body, nor will the parties subpoena the mediator to testify.
- The conference can be terminated at the request of either party or the mediator.
- If the charge is settled, the parties will not have a DHR investigation nor an HRC hearing on the merits of the charge. A settlement will be drafted and signed at the conference by both parties. The parties will have ten calendar days from the date of the conference to revoke their acceptance of the settlement. If neither party notifies DHR that the settlement has been revoked, DHR will process it on the eleventh calendar day from the date of the conference. If either party revokes the settlement, the case will be investigated.
- Neither DHR nor the mediator shall be liable for any act or omission in connection with the mediation.
- The parties are required to sign a document containing the Mediation Rules as an acknowledgment they have read the document, understand it and agree to its contents.