1 Del. Admin. Code § 602-5.0

Current through Register Vol. 28, No. 7, January 1, 2025
Section 602-5.0 - Conciliation and Agreement
5.1 The opportunity to conciliate or settle a case is available at any stage of the complaint process and may include a no-fault settlement opportunity prior to the onset of the investigation; the Complainant shall be advised of the opportunity when a complaint is filed and the Respondent when a complaint is served.
5.2 Conciliation shall be initiated upon request of Complainant or Respondent or recommendation of the Division or the Panel assigned to the case. Statements made in the course of conciliation can be disclosed only as provided under the Act.
5.3 An employee of the Division may serve as conciliator. A Commissioner, who is not assigned to the hearing Panel may be appointed by the Chairperson to serve as conciliator.
5.4 Any agreement achieved by conciliation shall be set forth in writing and shall specify the appropriate relief agreed upon by the parties. The following may be included:
5.4.1 binding arbitration to resolve the dispute; payment of damages;
5.4.2 compensation or other monetary relief;
5.4.3 payments made to the Special Administration Fund of the Human Relations Commission under 31 Del.C., Ch. 30;
5.4.4 monitoring of future activities;
5.4.5 affirmative action measures;
5.4.6 closing or terminating the case; and
5.4.7 other relief agreed upon by the parties that will further the purposes of the Act.
5.5 A conciliation agreement shall become effective when signed by all parties and the Chairperson or his or her designee.
5.6 Written and executed copies of such agreements shall be given to all parties. Conciliation agreements shall be publicly available unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purpose of the Act.
5.7 Conciliation Agreements shall be enforced according to the Act.

1 Del. Admin. Code § 602-5.0

12 DE Reg. 814 (12/01/08)