Statutes, codes, and regulations
Delaware Administrative Code
Title 19 - LaborDepartment of LaborDivision of Industrial AffairsOffice of Anti-Discrimination
Office of Anti-Discrimination Rules and Regulations
Section 1311-10.0 - Conciliation

19 Del. Admin. Code § 1311-10.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 1311-10.0 - Conciliation
10.1 Timing of conciliation proceedings.
10.1.1 Within 30 days from the date of a final determination of "reasonable cause", every attempt will be made to commence conciliation proceedings for the purpose of negotiating a settlement of the charge and compliance with the pertinent statutes.
10.2 Confidentiality of conciliation records.
10.2.1 All information exchanged during conciliation proceedings are considered dispute resolution communications and shall be kept confidential. Records obtained in the course of conciliation should remain confidential and not be used as evidence in any manner unless obtained independent of the conciliation. Parties participating in the conciliation process shall be required to sign and adhere to a confidentiality agreement in a form approved by the administrator.
10.2.2 Conciliation settlement agreements are confidential and shall not be disclosed by the department except where the department seeks enforcement of the agreement under Section 11.
10.3 Conciliation conference proceedings.
10.3.1 After a finding of reasonable cause, the administrator shall schedule a conciliation proceeding.
10.3.2 The parties administrator shall give the parties at least 14 days notice of the date, time and place of the conciliation proceeding.
10.3.3 The department employee acting as conciliator shall conduct and control the proceeding.
10.3.4 A party may be accompanied at a conciliation proceeding by his or her attorney or another representative, and by a translator, if necessary.
10.3.5 The conciliator may exclude any person from the conciliation proceeding, except that counsel and translators shall be permitted to remain throughout.
10.3.6 An attorney for a party who has not previously entered his appearance shall do so at the outset of the proceeding.
10.3.7 A party's failure to attend the conciliation proceeding may be deemed to be a failure of conciliation effort.
10.3.8 Any conciliation agreement shall be subject to the approval of the department.

19 Del. Admin. Code § 1311-10.0