1. introducing THE DFEH MEDIATION DIVISION
How DFEH Mediation Works
and Why You Should Try It
introducing THE DFEH MEDIATION DIVISION

2. Presented by
Annmarie Billotti | DFEH Chief Deputy Director and Jo Anne Frankfurt | DFEH Supervising Mediator & Retired FEHC ALJ

3. Overview of DFEH Mediation Programs
Housing Mediation Program
Volunteer (Employment) Mediator Program
DFEH-Loyola Law School Center for Conflict Resolution
(DFEH-Loyola) Mediation Program
Staff Counsel-Mediator Program

4. Staff Counsel Mediator Program
The DFEH’s Staff Counsel-Mediators are trained professionals who are true neutrals:
Each has been hired for the sole purpose of mediating complaints.
Two have their own private mediation practices.
One is former FEHC administrative law judge.
One is a former private arbitrator.

5. Pathways to DFEH Mediation
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.

6. Pre-Investigation Mediation
Pre-investigation mediation conferences are not attended by a representative of the Department’s Enforcement or Legal divisions.
Parties may have counsel if they like, but representation is not required.
A family member or friend may accompany and participate with the complainant.

7. IF I DECIDE TO MEDIATE, WHEN IS MY RESPONSE DUE?
While a pre-investigation complaint is with the Mediation Division, the requirement to submit a response to the complaint is temporarily suspended. If mediation is declined or is unsuccessful, a response must be provided to the Department no later than twenty-one days after the date the Department notifies the respondent that a response is due because mediation was declined or was unsuccessful.

8. The Department also may offer the parties the opportunity to mediate the complaint after investigation (“post-investigation mediation”). Post-investigation mediation conferences conducted before an accusation is issued are attended by a representative of the Department’s Enforcement Division. The Enforcement Division representative may be the investigating office’s assigned staff counsel. If a settlement is not reached, the Legal Division will not assign the same staff counsel to issue and prosecute the accusation.
POST-INVESTIGATION, PRE-ACCUSATION MEDIATION …

9. Post-Accusation Mediation
Post-investigation mediation conferences conducted after an accusation is issued (“post-accusation”) are attended by the member of the Department’s Legal Division who issued the accusation or who was subsequently assigned the case. If settlement is reached, the Legal Division representative will sign the settlement agreement. If settlement is not reached, the same staff counsel who issued the accusation and participated in the mediation may prosecute the case.

10. WHAT HAPPENS IN A DFEH MEDIATION
How preparation can facilitate resolution at mediation:
Know your case (facts, legal principles, theory of the case, previous settlement attempts, etc).
Develop a strategy for negotiation and anticipated problems.
What to give the mediator prior to mediation and when to get this to the mediator.

11. Execution of Agreement to Mediate
Form all parties sign.
Process is voluntary.
Confidentiality is key!

12. ?
Opening Statement by Mediator Mediators have different approaches. Statement generally covers: * Introductions. * Explanation of mediation process. * Confidentiality. * Rules of the road. * Some common problems or expectations. * How mediation will conclude after agreement or impasse.

13. Joint vs. Separate Meetings During Mediation
Common approach at DFEF.
Reasons for unique situations.

14. Caucuses Role of the mediator. Content of discussion.
Confidentiality in a caucus.
Offers and counteroffers.

15. Reaching Agreement or Impasse.
Executing Settlement Agreement and Other Forms.

16. Why Mediate? Voluntary. Cost-free and cost effective.
Exit DFEH process more quickly.
Neutral.
Control over outcome.
Confidential process and in most instances confidential agreement.

17. Thank you for participating!
Questions?
(800)
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Thank you for participating!
Thank you for participating!