Author: Jacquet, Mary K

Need more information?

If the parties to a complaint are interested in more information or are interested in participating in the PDC Program, please contact:
David R. Fix, Director
Compliance/Enforcement
Email: David.R.Fix@wv.gov
304-558-2616, Ext. 76209

The West Virginia Human Rights Commission’s
“Early Dispute Resolution Programs”
The Pre-Determination Conciliation Program (PDC)

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West Virginia Human Rights Commission
1321 Plaza East, Rm. 108 - A
Charleston , West Virginia 25301

Phone: 304-558-2616
Fax: 304-558-0085
www.wvf.state.wv.us/wvhrc
E-mail: wvhrc@wvdhhr.org

WVHRC

WEST VIRGINIA HUMAN RIGHTS COMMISSION

The Pre - Determination Conciliation Program (PDC)

What is the Pre-Determiniation Conciliation (PDC) Program?

The PDC Program offered by the West Virginia Human Rights Commission is a free service that is an efficient and time saving method to resolve complaints early in the investigatory process.
HOW DOES IT WORK?
The process involves a trained conciliator employed by the WVHRC. The conciliator acts as a facilitator for the participants to arrive at a negotiated resolution. The decision to request conciliation can be voluntarily made by the parties or the Commission may ask the parties if they would be interested in participating in conciliation negotiations.
Complaints accepted into the PDC Program will remain in that program for a period not to exceed forty-five (45) days. During that time, the Commission will attempt to conciliate an amicable resolution or arrive at the determination that conciliation is not possible.
This process does not delay or interfere with the ongoing investigation.

When does PDC occur?

After a complaint or charge is filed, any party may request conciliation at any time prior to the Commission issuing a Determination. The Commission, after reviewing the charge and information obtained during the investigation, may determine that the parties may benefit from the PDC Program, and may inquire if the parties would be interested in conciliation negotiations.
Advantages of PDC
Pre-Determination Conciliation is a fair and confidential process during which a mutually acceptable agreement may be reached, thereby avoiding a time consuming, costly investigation and possible litigation.
What If No Settlement is Reached?
If the charge is not resolved, the investigator assigned to the case is informed that the conciliation was unsuccessful. The conciliator is prohibited from revealing any of the information discussed during the negotiations.
An unsuccessful conciliation does not have any impact upon the outcome of the investigation.
Upon completion of the investigation, the Commission will issue a Determination of either No Probable Cause (NPC) or Probable Cause (PC).

Are PDC Settlements Binding?

Although the parties are never forced to accept a settlement, if the parties reach a resolution and execute a written conciliation agreement, the agreement is enforced in the same manner as any other written contract.
Are the PDC Conferences and Conciliation Agreements
Confidential?
Yes! When engaging in conciliation efforts, the Commission adheres to the following guidelines: Nothing that is said or done during and as a part of the PDC process may be made a matter of public information by the Commission, its officers or employees, or used as evidence in another proceeding without the written consent of the parties.
However, the Commission shall retain a fully executed copy of the conciliation agreement and will submit the agreement to any federal agency with whom the charge is dually filed, such as the U.S. Equal Employment Opportunity Commission (EEOC).
Any settlement reached, after an NPC or PC Determination is issued, shall not be confidential. Therefore, participation in the PDC Program is an opportunity for the parties to enter into a confidential settlement.