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Karl A. Racine
Office of the Attorney General for the District of Columbia
 

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Community Dispute Resolution Program


Wednesday, March 29, 2017

This form can also be accessed in Amharic, Chinese, French, Korean, Vietnamese, and Spanish.

The OAG
Community Dispute Resolution Program
441 4th Street, N.W., Washington, D.C.

The Office of the Attorney General (OAG) Civil Litigation Division (CLD) will operate a Community Mediation/Dispute Resolution Program.  The Program will include a mediation forum for dispute resolution or mediation of monetary claims against the District of Columbia handled by CLD.  In this program, a representative of OAG, such as a retired judge or attorney, will hear claims and conduct binding or non-binding mediation for monetary claims against the District of Columbia for property damage or personal injury. The ceiling on all awards is $10,000.   The Program will not accept claims exceeding $10,000.  The parties may agree to either binding mediation/dispute resolution or informal mediation.     

Program Requirements and Procedure: 

  • The filed court case involves monetary damages only. 
  • The maximum amount of money/damages that can be sought or awarded is $10,000.
  • No attorney’s fees or costs can be awarded.
  • A plaintiff may agree to binding mediation by signing the attached agreement form prior to the mediation hearing.   The mediation is not binding until the claimant has presented the matter and both sides have had an opportunity to present all evidence.  A claimant may also agree to non-binding mediation. 
  • The mediation resolution whether binding or non-binding is a full resolution on all issues and each party would agree in writing to forgo any further claim in any other forum or body under any theory of liability.
  • This agreement does not create any right, entitlement or benefit to any person not a party to the agreement.  The only benefit the plaintiff has under this agreement is for the payment of a settlement if binding mediation is agreed to and there is a final decision with an award in favor of the plaintiff.
  • Each side would agree to a “non-disparagement” restriction under which neither side may make derogatory remarks or negative comments about the other side, the underlying incident or the mediation.  
  • The mediation decision, shall not be admissible (or relied upon by the party or any third party) in any other litigation or court or proceeding.
  • There is no right to subpoena witnesses or to compel the attendance of a witness or production of document(s) to the mediation proceeding.
  • There is no right to discovery.
  • There is no motions practice.
  • Either party may appear pro se or with counsel.
  • The mediation proceeding is limited to the mediator and the parties.
  • The rules of evidence as applicable to an agency or administrative proceeding shall apply
  • All decisions of the mediator and all agreements reached are final and not subject to any appeal or judicial review of any kind.
  • The proceeding shall not be recorded.
  • In exchange for the government agreeing to the resolution, the payment shall be treated as a mediated settlement.
  • The plaintiff will dismiss the pending civil action with prejudice prior to the payment of any mediation award.
  • The mediator shall complete the attached Disposition form after the mediation proceeding.
  • Cases in which “the conduct was not within the employee’s duties or “scope of employment” is at issue and/or  and in which there is an individually named employee as defendant are not eligible for this program unless all named defendants agree to participate in this mediation proceeding. 
  • If there is a payment owed to plaintiff, the plaintiff agrees to provide a signed release and a signed W-9 tax form.
  • Any payment made by the District will be subject to collection by the District of any outstanding tax liens, Medicaid/Medicare liens and/or delinquent child support payments.
  • Any payment owed to the plaintiff may not be assigned to a third party without prior written consent by the District of Columbia.

The Office of the Attorney General seeks to ensure that our services and programs are fully accessible to all. In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code, Section 2-1401.01 et. seq., (Act) the Office of the Attorney General and the District of Columbia do not discriminate on the basis of actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, genetic information, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination which is also prohibited by the Act. In addition, harassment based on any of the above protected categories is prohibited by the Act. Discrimination in violation of the Act will not be tolerated. Violators will be subject to disciplinary action.

In addition, if you do you require any accommodation due to a disability or impairment to participate in this or other Office of Attorney General service or program, please contact Darlene Fields at (202) 724-6507.

Please see attachment for the downloadable forms and more information.

 

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