[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR81.13]



[Page 232]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.13  Mediation.



    (a) Voluntary mediation is available for proceedings that are 

pending before the OALJ.

    (b) A mediator must be independent of, and agreed to by, the parties 

to the case.

    (c) A party may request mediation by filing a motion with the ALJ 

assigned to the case. The OALJ arranges for a mediator if the parties to 

the case agree to mediation.

    (d) A party may terminate mediation at any time. Mediation is 

limited to 120 days unless the mediator informs the ALJ that--

    (1) The parties are likely to resolve some or all of the dispute; 

and

    (2) An extension of time will facilitate an agreement.

    (e) The ALJ stays the proceedings during mediation.

    (f)(1) Evidence of conduct or statements made during mediation is 

not admissible in any proceeding under this part. However, evidence that 

is otherwise discoverable may not be excluded merely because it was 

presented during mediation.

    (2) A mediator may not disclose, in any proceeding under this part, 

information acquired as a part of his or her official mediation duties 

that relates to any fact in issue in the case or any matter relevant to 

the merits of the case.



(Authority: 20 U.S.C. 1221e-3, 1234 (f)(1) and (h), and 3474(a))