2717.1 Within ten (10) days after the completion of mediation, the Mediator shall file a Mediation Report with the Mediation Administrator and deliver a copy to the mediation parties.

2717.2 The Mediation Report required by this section shall contain all of the following items:

1. (a) The date(s) on which the mediation was held, including the starting and finishing dates and times;
2. (b) The names and addresses of all persons attending, including their role in the mediation and, specifically, identifying the representative of each party who had decision-making authority, if applicable;
3. (c) A summary of any substitute arrangement made regarding attendance at the mediation;
4. (d) All calculations and other foreclosure avoidance tool calculations performed prior to or during the mediation and all information required in Section 2714;
5. (e) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties;
6. (f) A statement as to whether a mediation party or a representative of a mediation party failed to:
7. (1) Attend the mediation;
8. (2) Make a good faith effort to mediate; or
9. (3) Supply documentation, information, or data as required by Section 2714; and
10. (g) If a settlement is not reached, a summary of the discussions of the mediation parties during the mediation.

2717.3 Unless a settlement agreement is executed between the mediation parties, within ten (10) business days after receiving the Mediation Report and after reviewing and considering a Mediation Report the Mediation Administrator shall:

1. (a) Schedule the matter with another Mediator for one (1) additional

mediation session if there is a reasonable likelihood the mediation parties will be able to reach a settlement agreement, or issue a Preliminary Mediation Certificate if the lender participated in the mediation in good faith;

(b) Assess any applicable penalty against the lender pursuant to the Act or this chapter, and issue a Preliminary Determination of Bad Faith if the lender did not participate in the mediation in good faith; or

(c) Cancel the mediation and issue a Preliminary Mediation Certificate if the borrower(s) did not participate in the mediation in good faith.

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011); as amended by Final Rulemaking published at 61 DCR 6390 (June 27, 2014).