34 CFR 81.13 – Mediation
(a) Voluntary mediation is available for proceedings that are pending before the OALJ.
Terms Used In 34 CFR 81.13
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.