Section 11.15 Mediation
(Amended March 7, 1989; November 19, 1996)
In any case that the Board may deem appropriate, the Administrative Law Judge may make an earnest effort to settle the controversy by mediation. The parties shall be given written notice of the mediation session in accordance with Sections 11.10 (Time of Hearing; Consolidation) and 11.11 (Notice of Hearing; Response). Section 11.13 governing postponement of hearings shall apply to mediation sessions. Written notice of the mediation session shall explain the following: that participation in a mediation session is voluntary; that a request by any party for an arbitration hearing instead of a mediation session received prior to the scheduled mediation shall be granted and held at the date and time of the scheduled mediation session; that any request by any party for an arbitration hearing instead of a mediation session received after the commencement of the mediation session but before the Administrative Law Judge has communicated privately with either party in a caucus shall be granted and held at the date and time of the scheduled mediation session; that an arbitration hearing will be conducted instead of a mediation session if the responding party fails to appear; and that the petition will be dismissed with prejudice if the petitioning party fails to appear. Sections 11.14(b) (Absence of Parties), 11.22 (Personal Appearances and Representation by Agent) and 11.23 (Legal Representation or Assistance of an Interpreter in Certain Cases) shall apply to mediations. If the parties fail to settle their differences through the mediation process, an arbitration hearing on the merits will be scheduled in approximately thirty to forty-five days with a different Administrative Law Judge. The Administrative Law Judge must fully inform the parties of their rights under the Ordinance before any mediation agreement becomes binding. To the extent possible, mediation agreements shall be self-enforcing. The Administrative Law Judge shall not allow any tenant to waive her/his rights to the lawful base rent.