115-02-01-05. Informal resolution or settlement with the commission.

1. Prior to any investigation of a complaint, the executive director shall afford the complainant and respondent the opportunity to informally negotiate or mediate a resolution of the complaint. The negotiation or mediation must be conducted by the executive director in an informal manner with the goal of resolving the matter.

2. The commission may engage outside counsel or mediator to conduct the informal negotiation or mediation.

3. If the complaint is resolved through informal negotiation or mediation, the executive director shall document the resolution and report the resolution to the commission at a special or regular meeting during executive session.

4. The complainant and respondent may be accompanied by legal counsel in any informal negotiation or mediation.

5. Complaints resolved through informal negotiation or mediation may not be further investigated and the complaint must be deemed closed.

6. If the informal resolution process is unsuccessful, the commission may work with the respondent to settle and close the complaint matter at any time pursuant to settlement guidelines adopted by the commission or the complaint may be investigated as provided in section 115-02-01-06.

History: Effective June 17, 2020; amended effective July 28, 2021; April 1, 2026.