[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR370.43]

[Page 400]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 370--CLIENT ASSISTANCE PROGRAM--Table of Contents
 
   Subpart E--What Post-Award Conditions Must Be Met by a Designated 
                                 Agency?
 
Sec.  370.43  What requirement applies to the use of mediation procedures?

    (a) Each designated agency shall implement procedures designed to 
ensure that, to the maximum extent possible, good faith negotiations and 
mediation procedures are used before resorting to formal administrative 
or legal remedies. In designing these procedures, the designated agency 
may take into account its level of resources.
    (b) For purposes of this section, mediation may involve the use of 
professional mediators, other independent third parties mutually agreed 
to by the parties to the dispute, or an employee of the designated 
agency who--
    (1) Is not assigned to advocate for or otherwise represent or is not 
involved with advocating for or otherwise representing the client or 
client applicant who is a party to the mediation; and
    (2) Has not previously advocated for or otherwise represented or 
been involved with advocating for or otherwise representing that same 
client or client applicant.

(Authority: 29 U.S.C. 732(g)(3))