Conn. Agencies Regs. § 46a-54-56a - Mandatory mediation sessions
(a) After
conducting the merit assessment review pursuant to section 46a-54-49 a of the
Regulations of Connecticut State Agencies and having determined that the
complaint should proceed to investigation, the executive director or the
executive director's designee may determine that a mandatory mediation session
be conducted to promote the voluntary resolution of the complaint.
(b) After the notice of the merit assessment
review determination, the executive director or the executive director's
designee shall determine if the complaint should proceed to mandatory
mediation.
(c) After the notice of
the merit assessment review determination, the commission shall notify the
respondent, the complainant and their attorneys that a mandatory mediation of
the case will be held. The notice shall include the location, date and time of
the mediation. The notice may also identify the investigator assigned to
mediate the case.
(d) For good
cause shown, if any party to the complaint is unable to attend the mandatory
mediation on the date scheduled, such party shall contact the investigator
identified in the notice of mandatory mediation and the other party and offer
alternative dates to the other party and the investigator for the
investigator's consideration.
(e)
The commission may require the parties to bring information related to damages
to the mandatory mediation. The parties shall provide the information
requested.
(f) The complainant is
required to attend the mandatory mediation sessions. The complainant shall
appear or send a representative who possesses authority to negotiate and bind
the complainant to a resolution. The commission may dismiss a complaint if the
complainant, after notice and without good cause shown, fails to attend a
mandatory mediation session.
(g)
The person who is the respondent is required to attend the mandatory mediation
sessions. The respondent shall appear or send a representative who possesses
authority to negotiate and bind the respondent to a resolution. The executive
director may enter a default order against a respondent if the respondent,
after notice and without good cause shown, fails to attend a mandatory
mediation session.
(h) A mediator
shall work with both the complainant and the respondent to try to resolve the
matter. The mediator may recommend but can not order a resolution of the
complaint.
Notes
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