Mediation.

CFR · 2024-01-01 · US · Title 7

(a) Any request for mediation must be submitted after issuance of an adverse decision but before any hearing in an appeal of the adverse decision to NAD. (b) An adverse decision and any particular issues of fact material to an adverse decision may be mediated only once: (1) If resolution of an adverse decision is not achieved in mediation, a participant may exercise any remaining appeal rights under this part or appeal to NAD in accordance with part 11 of this title and NAD procedures. (2) If an adverse decision is modified as a result of mediation, a participant may exercise any remaining appeal rights as to the modified decision under this part or appeal to NAD, unless such appeal rights have been waived pursuant to agreement in the mediation. (c) Any agreement reached during, or as a result of, the mediation process shall conform to the statutory and regulatory provisions governing the program and FSA's generally applicable interpretation of those statutes and regulatory provisions. (d) FSA will participate in mediation in good faith and to do so will take steps that include the following: (1) Designating a representative in the mediation; (2) Instructing the representative that any agreement reached during, or as a result of, the mediation process must conform to the statutes, regulations, and FSA's generally applicable interpretations of statutes and regulations governing the program; (3) Assisting as necessary in making pertinent records available for review and discuss

official document · source cfr-2024 · id 7:§ 780.9