[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR614.11]

[Page 421]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614_NRCS APPEAL PROCEDURES--Table of Contents
 
Sec. 614.11  Mediation.

    (a) A participant who wishes to pursue mediation must file request 
for mediation under this part with the NRCS official designated in the 
decision notice no later than 30 days after the date on which the 
decision notice was received. Participants in mediation may be required 
to pay fees established by the mediation program.
    (b) A dispute will be mediated by a qualified mediator as defined at 
Sec. 614.2(p).
    (c) The parties will have 30 days from the date of the first 
mediation session to reach a settlement agreement. The mediator will 
notify the State Conservationist whether the parties have reached an 
agreement.
    (d) Settlement agreement reached during, or as a result of, the 
mediation process must be in writing, signed by all parties to the 
mediation, and comport with the statutory and regulatory provisions and 
policies governing the program. In addition, the participant must waive 
all appeal rights as to the issues resolved by the settlement agreement.
    (e) At the outset of mediation, the parties must agree to mediate in 
good faith. NRCS demonstrates good faith in the mediation process by, 
among other things:
    (1) Designating an NRCS representative in the mediation;
    (2) Making pertinent records available for review and discussion 
during the mediation; and
    (3) To the extent the NRCS representative does not have authority to 
bind the agency, directing the NRCS representative to forward in a 
timely manner any written agreement proposed in mediation to the 
appropriate NRCS official for consideration.
    (f) Mediator impartiality. (1) No person may serve as mediator in an 
adverse program dispute who has previously served as an advocate or 
representative for any party in the mediation.
    (2) No person serving as mediator in an adverse program dispute may 
thereafter serve as an advocate for a participant in any other 
proceeding arising from or related to the mediated dispute, including, 
without limitation, representation of a mediation participant before an 
administrative appeals entity of USDA or any other Federal agency.
    (g) Confidentiality. Mediation is a confidential process except for 
those limited exceptions permitted by the Administrative Dispute 
Resolution Act at 5 U.S.C. 574. All notes taken by participants 
(Mediator, Management Representative, Disputants, and Disputants' 
Representative) during the mediation must be destroyed. As a condition 
of participation, the participants and any interested parties joining 
the mediation must agree to the confidentiality of the mediation 
process. The parties to mediation, including the mediator, will not 
testify in administrative or judicial proceedings concerning the issues 
discussed in mediation, nor submit any report or record of the mediation 
discussions, other than the mediation agreement or the mediation report, 
except as required by law.