(1) At any time during the complaint process, the department may undertake efforts to achieve a voluntary resolution of the case through mediation efforts with the parties. Any resolution of a complaint agreed to by the parties before the department issues a finding on the merits of the claim is referred to as a settlement agreement. Any resolution agreed to after the department issues a reasonable cause finding is referred to as a conciliation agreement. Any settlement or conciliation agreement reached while the complaint is pending in the administrative process, whether mediated by the department or agreed to by the parties independently, is subject to the provisions of this rule.

(2) If the department issues a reasonable cause finding, it shall attempt to resolve the case through conciliation. During conciliation, the department may require affirmative relief provisions to eliminate the discriminatory practice confirmed in the informal investigation. Such affirmative relief provisions may include any remedy which could be ordered by the department after hearing. If the department determines that conciliation is not possible, the department shall inform the parties in writing that the conciliation period is concluded and set the case for hearing, pursuant to 49-2-505 , MCA.

(3) No statement made by any party in the course of a settlement or conciliation offer, or in any oral or written discussion concerning conciliation, will be admissible in any hearing held concerning the complaint. Agreement to a settlement or conciliation of a case does not constitute an admission of violation of any law by the respondent.

(4) A settlement or conciliation agreement reached by the parties must be in writing, signed by the parties, and approved by the department. Upon approval of a settlement or conciliation agreement, the department shall dismiss the case.

Dismissal of a case based on a settlement or conciliation agreement shall constitute the end of the administrative process.

(5) A settlement or conciliation agreement may include terms for monitoring compliance with the agreement, not to extend beyond one year from the date of the agreement.

(6) The parties must inform the department of all terms of any settlement or conciliation agreement entered into while the complaint is pending in the administrative process. In addition, the parties must inform the department of all terms of any conciliation agreement entered into after the department or the commission has issued a final order.

(7) The department may refuse to approve a settlement agreement which does not resolve all allegations or remedies for all persons or groups affected by the alleged discrimination. Alternatively, the department may treat a settlement or conciliation agreement which does not resolve all allegations or remedies for all persons or groups affected by the alleged discrimination as a withdrawal in accordance with ARM 24.8.401, and may initiate the complaint as a commissioner complaint for further proceedings.

(8) A conciliation agreement may be enforced by the commissioner or by any party in the same manner as a final order of the department by seeking appropriate orders in the district court, pursuant to 49-2-508 , MCA.