; (2) the hearing shall be noted upon the record of the proceeding and, subject to paragraph (3), may be recorded or transcribed as deemed necessary by the Copyright Claims Board; and (3) a recording or transcript of the hearing shall be made available to a Copyright Claims Officer who is not in attendance. (p) Voluntary dismissal (1) By claimant Upon written request of a claimant received prior to a respondent’s filing of a response to a claim, the Copyright Board shall dismiss the proceeding, or a claim or respondent, as requested, such dismissal to be without prejudice. (2) By counterclaimant Upon written request of a counterclaimant received prior to a claimant’s filing of a response to a counterclaim, the Copyright Claims Board shall dismiss the counterclaim, such dismissal to be without prejudice. (q) Settlement At any time in an active proceeding some or all of the parties may— (1) jointly request a conference with a Copyright Claims Officer for the purpose of facilitating settlement discussions; or (2) submit to the Copyright Claims Board an agreement providing for settlement and dismissal of some or all of the claims and counterclaims in the proceeding, which submission may also include a request that the Copyright Claims Board adopt some or all of the terms of the parties’ settlement in a final determination. (r) Factual findings Subject to subsection (m)(3), the Copyright Claims Board shall make factual findings based upon a preponderance of the evidence. (s) Determinations (1) Nature and contents A determination rendered by the Copyright Claims Board in a proceeding shall— (A) be reached by a majority of the Copyright Claims Board; (B) be in writing, and include an explanation of the factual and legal basis of the decision therein; (C) pursuant to section 1403(e)(2), set forth any terms by which a respondent or counterclaim respondent has agreed to cease infringing activity