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What is Conciliation?

The Fair Housing Act requires LCOEO and HUD, to the extent feasible, to pursue conciliation, which give the parties a chance to reach a satisfactory settlement through conciliation from the time the aggrieved person files the Fair Housing Act complaint until the agency issues the charge or dismisses the complaint.

Parties’ Rights

Confidentiality.  Nothing said or done during the course of conciliation can be used in a subsequent hearing or trail regarding the alleged violation.

Legal (counsel).  Parties may be represented by attorneys.

 Voluntary Nature of Conciliation.   Participation in conciliation is entirely voluntary.  There is no penalty for declining to settle through conciliation.

Role of Conciliator.  The LCOEO conciliator (who may be the investigator on the case):

		Functions as a neutral participant seeking to negotiate a mutually
		agreeable settlement between the complainant and the respondent
		Informs the parties if their rights during conciliation
		Informs the parties about the process, and help to structure
		negotiation arrangements in which the parties can have confidences
		May provide interpretations of the Act to permit the parties to
		bargain from informed positions
		May describe the evidence gathered up to that time, but only to
		permit the parties to bargain from informed positions
		Communicates offers between the parties
		Prepares the Conciliation Agreement; and
		Will not discuss the probable outcome of the case

Effect of Agreement.  The regulations require the parties to agree to the terms and conditions of the conciliation in a formal and written conciliation agreement, which requires approval by LCOEO.  The conciliation agreement, signed by all parties and LCOEO, will terminate the investigation of the complaint, the respondent’s potential liability, and the complainant’s right to pursue relief, provided that the respondent complies with the terms and conditions of the conciliation agreement.

Nature of Agreement.  The essential terms of the agreement will be those negotiated by the parties.  The parties may agree to refer disputes about compliance with the signed agreement to an arbitrator.  The agreement will also include standard provisions intended to protect the public interests: for example, a provision that requires the respondent to submit reports, or permits LCOEO to review and examine the respondent’s practices. It can also include Fair Housing training for Respondent’s staff  and/or members.

LCOEO’s Role.   By approving the agreement, LCOEO acknowledges that its terms serve the public interests.

Role of Lee County OEO.  If the facts establish that the respondent has intentionally or willfully failed to comply with the terms and conditions of the conciliation agreement, the LCOEO will enforce the conciliation agreement.

Who to Contact: Your  Equal Opportunity Analyst at 239-335-2267 to discuss terms for  your agreement.

Lee County Office of Equal Opportunity

2115 Second Street, 4th Floor

Fort Myers, Fl 33901

Telephone: (239) 533-2267 Fax: (239) 485-2262