California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 2 - Housing Discrimination Complaints › Section 10057 - DFEH Dispute Resolution Division Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may offer the parties to a
				  complaint filed for investigation the opportunity to mediate the complaint
				  before investigation commences ("pre-investigation mediation"). One or both
				  parties to a complaint filed for investigation also may request
				  pre-investigation mediation. Pre-investigation mediation conferences are not
				  attended by any representative of the department's enforcement or legal
				  divisions.
(b) Pre-investigation
				  mediation is voluntary. Therefore, the department shall not assign a
				  pre-investigation complaint to a mediator to mediate unless both the
				  complainant and respondent (or their respective attorneys or advocacy
				  organizations, if any) have agreed to mediate.
(c) While a pre-investigation complaint is
				  with the dispute resolution division, the requirement to submit a response to
				  the complaint is temporarily suspended. However, if mediation is declined or is
				  unsuccessful, a response shall be provided to the department no later than
				  twenty-one (21) days after the date the department notifies the respondent that
				  a response is due because mediation was declined or was unsuccessful. After the
				  complaint is returned for investigation, the enforcement division shall in
				  writing notify the respondent or, if the respondent is represented, the
				  respondent's attorney, of the exact date the response is due.
(d) After an investigation finds reason to
				  believe that discrimination has occurred or is about to occur, and prior to
				  filing a civil action, the department shall require the parties to participate
				  in mandatory dispute resolution in an effort to resolve the dispute without
				  litigation.
(e) Post-investigation
				  mediation conferences conducted after a civil action is filed ("post-civil
				  action") shall be attended by the member of the department's legal division who
				  filed the civil action or who has subsequently been assigned the case. If
				  settlement is reached, the legal division representative shall sign the
				  settlement agreement.
(f)
				  Regardless of whether the department refers a complaint to the dispute
				  resolution division before or after investigation has commenced, the department
				  shall suspend investigation while the complaint is with the dispute resolution
				  division. After mediation is declined or is unsuccessful, the department shall
				  commence, resume, or complete the investigation as necessary.
(g) When both sides agree to mediate a
				  complaint pre-investigation, the department may assign the complaint to a
				  trained mediator employed by the department's dispute resolution division or a
				  trained volunteer mediator, based on mediator availability and the department's
				  discretion. Whenever a complainant or respondent is represented by an attorney
				  or advocacy organization, the assigned mediator shall communicate with the
				  party's attorney or advocate regarding scheduling and settlement. Matters the
				  legal division refers for mandatory dispute resolution shall be assigned to a
				  DFEH attorney mediator.
(h)
(1) Except as otherwise required by law,
				  nothing that is said or done in the course of the mediation process may be made
				  public. However, settlement agreements shall be public records available in
				  accordance with the department's Public Records Act policy, including the
				  provisions regarding redaction, unless:
(A)
				  In pre-investigation mediation, the parties request nondisclosure and the chief
				  of dispute resolution, or a designated representative, determines that
				  disclosure is not required to further the purposes of the laws enforced by the
				  department.
(B) In mandatory
				  dispute resolution, the parties request nondisclosure and the director, or a
				  designated representative, determines that disclosure is not required to
				  further the purposes of the laws enforced by the
				  department.