Availability of mediation
Notification regarding mediation
Covered employee
section 1402 of this titleUpon receipt of a claim under , the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
Employing office
section 1402(b) of this titleUpon transmission to the employing office of the claim pursuant to , the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
Initiation
In general
section 1402 of this titleDuring the period described in subparagraph (B), either the covered employee who filed a claim under or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
Timing
section 1402 of this titlesection 1405(g) of this titlesection 1408 of this titleA covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under and ending on the date on which a hearing officer issues a written decision relating to the claim under or the covered employee files a civil action with respect to the claim in accordance with , as applicable.
Failure to request or accept mediation to have no effect on treatment of claim
section 1402a of this titlesection 1405 of this titlesection 1408 of this titleThe failure of a party to request mediation under this section with respect to a claim, or the failure of a party to agree to a request for mediation under this section, may not be taken into consideration under any procedure under this title with respect to the claim, including a preliminary review under , a formal hearing under , or a civil action under .
Process
Mediation period
The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period. The Office shall notify in writing the covered employee and the employing office when the mediation period has ended.
Independence of mediation process
section 1405 of this titleNo individual, who is appointed by the Executive Director to mediate, may conduct or aid in a hearing conducted under with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter.
Master list of mediators
Development and maintenance of master list
The Executive Director shall develop and maintain a master list of individuals who are experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for which mediation may be held under this section. Such list may include, but not be limited to, members of the bar of a State or the District of Columbia and retired judges of the United States courts.
Consideration of candidates
In developing the master list under this subsection, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
Pub. L. 104–1, title IV, § 404109 Stat. 32Pub. L. 114–6, § 2(a)129 Stat. 81Pub. L. 115–397, title I132 Stat. 5301(, formerly § 403, , ; , , ; renumbered § 404 and amended , §§ 101(c)(2), 104, , , 5305.)
Editorial Notes
References in Text
Pub. L. 104–1109 Stat. 3section 1301 of this titleThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Prior Provisions
section 404 of Pub. L. 104–1section 1404 of this titlePub. L. 115–397, title I, § 101(c)(1)132 Stat. 5301A prior was classified to , prior to repeal by , , .
Amendments
Pub. L. 115–397, § 104(a)section 1402 of this titlesection 1404 of this title2018—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after receipt by the employee of notice of the end of the counseling period under , but prior to and as a condition of making an election under , the covered employee who alleged a violation of a law shall file a request for mediation with the Office.”
Pub. L. 115–397, § 104(b)Subsec. (b)(2). , substituted “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,” for “meetings with the parties separately or jointly”.
Pub. L. 115–397, § 104(c)Subsec. (c). , substituted “The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period.” for “The mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office.”
Pub. L. 114–6, § 2(a)(1)2015—Subsec. (b)(1). , substituted “from the master list developed and maintained under subsection (e)” for “after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters”.
Pub. L. 114–6, § 2(a)(2)Subsec. (e). , added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–397section 401 of Pub. L. 115–397section 1301 of this titleAmendment by effective upon expiration of the 180-day period beginning on , with provisions for effect on pending proceedings, see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–6, § 2(d)129 Stat. 82