[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1252.402]



[Page 244]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1252_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of 

Contents

 

 Subpart 1252.4_Investigation, Conciliation, and Enforcement Procedures

 

Sec. 1252.402  Mediation.



    (a) Referral of complaints for mediation. NASA will refer to the 

Federal Mediation and Conciliation Service all complaints that:

    (1) Fall within the jurisdiction of the Act and these regulations; 

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 informed judgment that an agreement is not possible. There must be at 

least one meeting with the mediator before NASA will accept a judgment 

that an agreement is not possible. 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 NASA. NASA will take no further action on the complaint 

unless the complainant or the recipient fails to comply with the 

agreement. However, NASA retains the right to monitor the recipient's 

compliance with the agreement.

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

after receiving a complaint.

    (f) Mediation ends if:

    (1) 60 days elapse from the time NASA receives the complaint; or

    (2) Prior to the end of that 60-day period, an agreement is reached; 

or

    (3) Prior to the end of that 60-day period, the mediator determines 

that an agreement cannot be reached.

    (g) The mediator shall return unresolved complaints to NASA.