How DFEH Mediation Works

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introducingTHE DFEH MEDIATION DIVISION

• How DFEH Mediation Works
• and Why You Should Try It

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

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Staff Counsel Mediator Program

• The DFEHs 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.

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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.

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• Pre-Investigation Mediation
• Pre-investigation mediation conferences are not
  attended by a representative of the Departments
  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.

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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.

• IF I DECIDE TO MEDIATE, WHEN IS MY RESPONSE DUE?

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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 Departments
Enforcement Division. The Enforcement Division
representative may be the investigating offices
assigned staff counsel. If a settlement is not
reached, the Legal Division will not assign the
same staff counselto issue and prosecute the
accusation.

• POST-INVESTIGATION, PRE-ACCUSATION MEDIATION

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Post-Accusation Mediation
Post-investigation mediation conferences
conducted after an accusation is issued
(post-accusation) are attended by the member of
the Departments 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.
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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.

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Execution of Agreement to Mediate

• Form all parties sign.
• Process is voluntary.
• Confidentiality is key!

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Opening Statement by MediatorMediators 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.
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Joint vs. Separate Meetings During Mediation

• Common approach at DFEF.
• Reasons for unique situations.

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Caucuses

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

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Reaching Agreement or Impasse.

• Executing Settlement Agreement and Other Forms.

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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.

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Questions?
contact.center_at_dfeh.ca.gov (800)
884-1684 www.dfeh.ca.gov DFEH YouTube, Facebook,
Twitter and LinkedIn
Thank you for participating!
Thank you for participating!