A. Mediation generally precedes the commencement of the investigative process, if it is used. Occasionally, it may occur during or after the investigative process if both parties and the IRP and/or investigator concur. Time lines toll during the period in which mediation is being arranged and engaged. If it does not produce resolution, the process continues at the stage it stopped.
B. If mediation is recommended and if the parties agree, the ED and Process Chair shall appoint a mediator and the process for mediation outlined in this section shall commence. When the respondent is a member of ACPE, the respondent’s Regional Director is the third member of the appointing committee. When the respondent is a member only of APC, the APC Certification Chair is the third member of the appointing committee. If any of these are a party, the ACPE or APC President will fill their role.
C. Information heard in mediation cannot be used in any other part of the process unless the information is available and also obtained outside the mediation process.
D. If mediation is used and the complaint is resolved to the satisfaction of the parties, the resolution process is complete.
E. If mediation is unsuccessful, the complainant may request the process commence or re-commence where it has been halted. The request must be made in writing to the Executive Director within seven days following the completion of the mediation attempt. Time lines for this process recommence with receipt of the request by the Executive Director.
F. Mediation shall commence and be completed within 60 days of the acceptance by both parties of the recommendation.
G. If the complaint is resolved, the mediator and all parties involved in the complaint sign a memorandum of understanding (MOU). The mediator forwards the original MOU to the ED and copies to all those who signed theMOU. The MOU shall be retained according to section XIX.A.2.
H. Mediation fees will be paid, in most situations, by the respondent’s association.