To send the complainant, within 30 calendar days, a written letter of apology that must be treated in a strictly confidential manner. The Commission itself may file a complaint if it receives credible evidence of a substantial violation of the Ethics Act. All complaints are considered by the Three-Member Probable Review Committee, which first decides whether the allegations in the complaint, if they are considered true, indicate a “substantial” violation of ethical law. (An essential offence is an offence that is not trivial or trivial.) Complaints that find a substantial violation are then investigated. Those who are not made redundant. The main difference between conciliation and mediation procedures is that at some point, during conciliation, the conciliator is invited by the parties to submit a non-binding transaction proposal. On the other hand, a mediator will refrain in most cases and, in principle, submit such a proposal. 7. The parties agree that if the applicant finds that the Agency has not complied with the provisions of this agreement, the procedures set out in paragraph 1614.504 of Section 29 C.R. The complainant informs the Agency`s Director of the EEO in writing of the alleged non-compliance within 30 days that the complainant was aware or should have been aware of a violation of this agreement. The applicant may request that the terms of the settlement agreement be implemented in practice or that the complaint be reinstated for the subsequent processing of the points. The Agency decides the matter and responds in writing to the complainant.
If the Agency has not responded in writing to the applicant or if the complainant is not satisfied with the Agency`s attempt to clarify the matter, the applicant may decide with the Commission whether the Agency has complied with the terms of the settlement agreement or the final decision. The complainant can file such a complaint 35 days after the Agency`s mailing date, with allegations of non-compliance, but must file an appeal within 30 days of the date of receipt of an agency`s decision. German law does not provide a legal framework for conciliation. As a result, the parties are free to define and adopt a number of rules governing mediation. Like mediation, mediation is a voluntary, flexible, confidential and interest-based process. The parties strive to reach an amicable settlement with the assistance of the conciliator acting as a neutral third party. Mediation is a structured process, with a number of procedural steps in which the mediator assists the parties in resolving their disputes. The Ombudsman and the parties follow a series of protocols that require the cooperation of all parties involved.
This process allows the mediator and disputed parties to focus on the real problems and difficulties between the parties. In addition, the parties are free to express their own interests and needs through open dialogue in a less adversarial setting than in a courtroom. The main goal of mediation is to help people devote more time and attention to creating a voluntary, functional and sustainable agreement.