Arizona Laws 41-1491.26. Conciliation
A. The attorney general shall engage, to the extent feasible, in conciliation, including, if appropriate, mediation, with respect to the complaint.
Terms Used In Arizona Laws 41-1491.26
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complainant: means a person, including the attorney general, who files a complaint under Section 41-1491. See Arizona Laws 41-1491
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general. See Arizona Laws 41-1491
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Arizona Laws 41-1491
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Respondent: means either:
(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice. See Arizona Laws 41-1491
B. A conciliation agreement is an agreement between a respondent and the complainant and is subject to approval by the attorney general.
C. A conciliation agreement may provide for binding arbitration or another method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.
D. A conciliation agreement shall not be made public unless all parties agree to the disclosure or the attorney general determines that disclosure is necessary to further the purposes of this article.
E. Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.
F. Materials in the investigative file may be disclosed to the parties to the extent reasonably necessary to further the investigation or conciliation discussions. Materials in the investigative file may be disclosed to the complainant for the purpose of deciding whether to file a complaint in court and may be disclosed to the respondent for the purpose of formulating its answer. After a court action has been filed, information derived from the investigation and the final investigation report relating to the investigation shall be subject to discovery.