Section 220.10. Conciliation.

 

(1)   Conciliation. Upon the consent of all parties, the department may assist the parties to reach a mutually agreeable and just resolution of the complaint at any time during the proceedings. If conciliation resolves a dispute, the terms of the agreement shall be set forth in a conciliation agreement.

(2)   Remedy for breach of conciliation agreement. If, within one year after the effective date of a conciliation agreement, a complainant believes that the terms of the agreement have been breached by a respondent, the complainant may petition the department to re-open the complaint against that respondent. The department may conduct a hearing to determine whether the terms of the conciliation agreement have been breached. If the department determines that the respondent has breached the conciliation agreement, it may do either of the following:

(a) Refer the matter to the department of justice with a recommendation that a civil action be filed under s. 106.50 (6) (e) 4. , Stats., for the enforcement of the terms of the conciliation agreement.

(b) Issue an order allowing the complainant to proceed with the complaint starting at the point in the administrative proceedings when the conciliation agreement became effective, provided that the complainant places any monetary proceeds which were received as a result of the conciliation agreement in an escrow account pending the final resolution of the complaint process.

(3)   Stay of proceedings. Any proceedings before the division under this section shall be stayed pending any enforcement action by the department of justice or any contract action to enforce the conciliation agreement brought by the complainant in circuit court.

History: Cr. Register, September, 1994, No. 465 , eff. 10-1-94; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540 .