[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR110.32]

[Page 405]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
   Subpart D--Investigation, Conciliation, and Enforcement Procedures
 
Sec.  110.32  Mediation.

    (a) ED promptly refers to the Federal Mediation and Conciliation 
Service or to the mediation agency designated by the Secretary of Health 
and Human Services, all complaints that--
    (1) Fall within the jurisdiction of the Act and these regulations, 
unless the age distinction complained of is clearly within an exemption 
under Sec.  110.2(b); and
    (2) Contain all information necessary for further processing.
    (b) Both the complainant and the recipient shall participate in the 
mediation process to the extent necessary to reach an agreement or to 
make an informed judgment that an agreement is not possible. The 
recipient and the complainant need not meet with the mediator at the 
same time, and the meeting may be conducted by telephone or other means 
of effective dialogue if a personal meeting between the party and the 
mediator is impractical.
    (c) If the complainant and the recipient reach an agreement, the 
mediator shall prepare a written statement of the agreement and have the 
complainant and recipient sign it. The mediator shall send a copy of the 
agreement to ED. ED takes no further action on the complaint unless 
informed that the complainant or the recipient fails to comply with the 
agreement, at which time ED reinstates the complaint.
    (d) The mediator shall protect the confidentiality of all 
information obtained in the course of the mediation process. No mediator 
shall testify in any adjudicative proceeding, produce any document, or 
otherwise disclose any information obtained in the course of the 
mediation process without prior approval of the head of the mediation 
agency.
    (e) The mediation will proceed for a maximum of 60 days after a 
complaint is filed with ED. Mediation ends if--
    (1) 60 days elapse from the time the complaint is received;
    (2) Prior to the end of the 60-day period, an agreement is reached; 
or
    (3) Prior to the end of the 60-day period, the mediator determines 
that agreement cannot be reached.
    (f) The mediator shall return unresolved complaints to ED.

(Authority: 42 U.S.C. 6103)