548.09 MEDIATION AND CONCILIATION PROCESSES FOR COMPLAINTS FILED ALLEGING VIOLATION OF SECTION 548.05.

   (a)    During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Human Relations Commission, the Human Relations Commission shall, to the extent feasible, engage in mediation with respect to such complaint. As appropriate, the Administrator shall:

      (1)    Notify the complainant and respondent of the time, place, and date of the mediation conference at least ten (10) days prior thereto, and both parties shall appear at the mediation conference in person or by attorney; and

      (2)    Attempt to resolve the complaint by methods of conferment and persuasion with all interested parties and such representatives as the conference shall be informal and made public unless the parties agree thereto in writing. The terms of mediation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, subject to approval by the Human Relations Commission. The terms of the mediation agreement may be made public, unless the complainant and the respondent agree otherwise and the Human Relations Commission determines that disclosure is not required to further the purposes of this chapter.

   (b)    A mediation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

   (c)    In the event there is a probable cause to substantiate the allegations of a charge, the Human Relations Commission shall, to the extent feasible, engage in conciliation with respect to such complaint. As appropriate, the Administrator shall:

      (1)    Notify the complainant and respondent of the time, place and date of the conciliation conference at least ten (10) days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and

      (2)    Attempt to resolve the complaint by methods of conferment and persuasion with all interested parties and such representatives as the conference shall be informal and made public unless the parties agree thereto in writing. The terms of mediation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, subject to approval by the Human Relations Commission. The terms of the conciliation agreement may be made public, unless the complainant and the respondent agree otherwise and the Human Relations Commission determines that disclosure is not required to further the purposes of this chapter.

      (3)    A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

         (Ord. 03-176. Passed 6-16-03.)