8. Settlement of cases without the necessity for a hearing or issuance of a decision by the Administrative Judge is highly encouraged. During the course of settlement discussions, the parties are expected to discuss and consider specific ideas, methods and means of resolving all matters in controversy, recognizing that compromises by both parties may be required in order to reach a settlement. Discussions that merely restate and reinforce the parties’ respective positions are unlikely to resolve the complaint and are discouraged. Alternative methods or means of dispute resolution (“ADR”), for example, mediation, affords parties the opportunity to craft creative settlement solutions that bi-lateral negotiations between the parties oftentimes do not. Use of ADR, therefore, is encouraged. Ideally, ADR should be undertaken after discovery is completed and well in advance of the scheduled hearing. In addition to contacting each other during the first 30-days after receipt of the Acknowledgment and Order, if no settlement is reached, the parties are directed to again contact each other during the week preceding the scheduled pre-hearing conference and to jointly assess prospects for settlement. During the pre-hearing conference the parties are expected to brief the Administrative Judge concerning all prior settlement efforts. Neither party, however, is obligated to settle. If no settlement is forthcoming, a decision by the Administrative Judge will be issued in due course, with or without a hearing, as appropriate.
9. In the event a settlement is reached, the parties will execute a written settlement agreement (or memorandum of agreement) and promptly deliver a copy to the Administrative Judge or, upon request, the hearing record may be opened and the settlement terms read into the record. Any previously scheduled pre-hearing conference or hearing will not be cancelled until the foregoing is accomplished. If a hearing has been scheduled, the parties may not release the witnesses or the court reporter unless authorized by the Administrative Judge.
