5438.1 A mediation among the parties shall be held to discuss and resolve, if possible, the objections raised by the protestants. If the parties fail to reach a settlement agreement on one or more of the protest issues, they shall so inform the Board at the scheduled protest status hearing or the protest hearing and the Board shall proceed with a protest hearing as to all unresolved issues.

5438.2 Mediation, which may be arranged at a roll call hearing or any other time, shall be set on a mutually convenient date before the scheduled protest status hearing or the protest hearing.

5438.3 At the request of all parties, and if a mediation would be unlikely to succeed, the Board may waive the parties' obligation to attend a mediation.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).