MEDIATION
Mediation
services are offered to parties filing decrease
petitions and complaints
for excess rent.
Participation in mediation is voluntary but is
encouraged as it can help clarify the issues and
often results in resolving many issues without
the need for a hearing. Mediations are conducted
before a hearing is held. In some instances, all
the issues cited in a decrease petition are fully
resolved and a hearing is not necessary. In other
cases, the issues are partially resolved and the
parties can seek further resolution through the
hearing process. A majority of excess rent
complaints can be satisfactorily resolved through
the mediation process and often do not require a
hearing.Nature
Of Mediation
The petitioner and the
respondent agree to participate in a mediation
conference regarding the issues raised in the
petition. The mediation is an agreement-reaching
process in which the Board mediator facilitates
discussions between the parties in an effort to
resolve the issues. The mediator cannot impose a
settlement or decide the issues, but will assist
the parties toward achieving their own
settlement.
The mediator is an
impartial, neutral intermediary, whose role is to
assist the parties in reaching a settlement of
their controversy or claim by negotiation between
or among themselves. The mediator will not act as
an advocate for or give legal or professional
advice to any party. Lawyers do not ordinarily
participate in the mediations.
Mediation Is
Voluntary
All parties state their
good faith intention to complete their mediation
by an agreement. It is, however, understood that
any party may withdraw from or suspend the
mediation at any time, for any reason, and
request that an administrative hearing be held.
The mediator may also
suspend or terminate the mediation, if she/he
feels that the mediation will lead to an unjust
or unreasonable result; if the mediator feels
that an impasse has been reached; or if the
mediator determines that she/he can no longer
effectively perform her/his facilitative role.
This page was last modified on
07/03/2008
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