[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.717]



[Page 63-64]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

      Subpart 101-8.7_Discrimination Prohibited on the Basis of Age

 

Sec. 101-8.717  Mediation.



    (a) GSA promptly refers to the mediation agency designated by the 

Secretary, HHS, all sufficient complaints that:

    (1) Fall within the jurisdiction of the Act and this regulation, 

unless the age distinction complained of is clearly within an exception; 

and

    (2) Contain the information needed for further processing.

    (b) Both the complainant and the recipient must participate in the 

mediation process to the extent necessary to reach an agreement or make 

an informed judgement that an agreement is not possible. Both parties 

need not meet with the mediator at the same time.

    (c) If the complainant and the recipient agree, the mediator will 

prepare a written statement of the agreement and have the complainant 

and the recipient sign it. The mediator must send a copy of the 

agreement to GSA. GSA takes no further action on the complaint unless 

the complainant or the recipient fails to comply with the agreement.

    (d) The mediator must protect the confidentiality of all information 

obtained in the course of the mediation. No mediator may 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 proceeds for a maximum of 60 calendar days after a 

complaint is filed with GSA. Mediation ends if:

    (1) 60 calendar days elapse from the time the complaint is filed; or

    (2) Before the end of the 60 calendar-day period an agreement is 

reached; or

    (3) Before the end of that 60 calendar-day period, the mediator 

finds that an agreement cannot be reached.

    Note: The 60 calendar day period may be extended by the mediator, 

with the concurrence of GSA, for not more than 30 calendar days if the 

mediator determines that agreement is likely to be reached during the 

extension period.



[[Page 64]]



    (f) The mediator must return unresolved complaints to GSA.