[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR617.10]



[Page 143-144]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 617_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF--Table of Contents

 

Sec. 617.10  Mediation.



    (a) NSF will refer to the Federal Mediation and Conciliation Service 

all complaints that fall within the jurisdiction of this part and 

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 for a 

mediator to make an informed judgement that an agreement is not 

possible. NSF will take no further administrative action on any 

complaint if the complainant refuses to participate in the mediation 

process.

    (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 NSF. NSF shall take no further action on the complaint 

unless the complainant or the recipient fails to comply with the 

agreement, in which case the other party may request that the complaint 

be reopened.

    (d) The mediator shall protect the confidentiality of all 

information obtained in the course of the mediation



[[Page 144]]



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 Federal Mediation and Conciliation Service.

    (e) NSF will use the mediation process for a maximum of 60 days 

after receiving a complaint. Mediation ends if:

    (1) 60 days elapse from the time NSF receives a sufficient 

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.

    (f) The mediator shall return unresolved complaints to NSF.