[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR146.35]

[Page 729-730]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 146_NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
     Subpart D_Investigation, Settlement, and Enforcement Procedures
 
Sec. 146.35  Mediation.

    (a) HUD shall refer to the Federal Mediation and Conciliation 
Service, a mediation agency designated by the

[[Page 730]]

Secretary of Health and Human Services, all complaints that:
    (1) Fall within the coverage of this part, unless the age 
distinction complained of is clearly with an exeption; 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 make 
an informal judgment that an agreement is not possible. There should be 
at least one meeting by each party with the mediator during the 
mediation process. However, the recipient and the complainant need not 
meet with the mediator at the same time.
    (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 HUD. HUD will take no further action on the complaint 
unless the complainant or the recipient fails to comply with the 
agreement.
    (d) The mediator shall protect the confidentiality of information 
obtained in the course of the mediation process. No mediator shall 
testify in any adjudicative proceeding, produce any document, or 
othewise disclose any information obtained in the course of the 
mediation process without the prior approval of the head of the 
mediation agency.
    (e) HUD shall use the mediation process for a maximum of 60 days 
after receiving a complaint. Mediation ends if:
    (1) 60 days elapse from the time HUD receives the complaint; or
    (2) Before the end of the 60-day period, an agreement is reached; or
    (3) Before the end of the 60-day period, the mediator determines 
that an agreement cannot be reached.

This 60-day period may be extended by the mediator, with the concurrence 
of HUD, for not more than an additional 30 days if the mediator 
determines that it is likely that an agreement will be reached during 
such extended period.