§ 1.737   Mediation.

   (a) The Commission encourages parties to attempt to settle or narrow
   their disputes. To that end, staff in the Enforcement Bureau's Market
   Disputes Resolution Division are available to conduct mediations. Staff
   will determine whether a matter is appropriate for mediation.
   Participation in mediation is generally voluntary, but may be required
   as a condition for including a matter on the Accelerated Docket.

   (b) Parties may request mediation of a dispute before the filing of a
   complaint. After a complaint has been filed, parties may request
   mediation as long as a proceeding is pending before the Commission.

   (c) Parties may request mediation by: Calling the Chief of the
   Enforcement Bureau's Market Disputes Resolution Division; submitting a
   written request in a letter addressed to the Chief of the Market
   Disputes Resolution Division; or including a mediation request in any
   pleading in a formal complaint proceeding, or an informal complaint
   proceeding under § 1.717. Any party requesting mediation must verify
   that it has attempted to contact all other parties to determine whether
   they are amenable to mediation, and shall state the response of each
   party, if any.

   (d) Staff will schedule the mediation in consultation with the parties.
   Staff may request written statements and other information from the
   parties to assist in the mediation.

   (e) In any proceeding to which no statutory deadline applies, staff
   may, in its discretion, hold a case in abeyance pending mediation.

   (f) The parties and Commission staff shall keep confidential all
   written and oral communications prepared or made for purposes of the
   mediation, including mediation submissions, offers of compromise, and
   staff and party comments made during the course of the mediation
   (Mediation Communications). Neither staff nor the parties may use,
   disclose or seek to disclose Mediation Communications in any proceeding
   before the Commission (including an arbitration or a formal complaint
   proceeding involving the instant dispute) or before any other tribunal,
   unless compelled to do so by law. Documents and information that are
   otherwise discoverable do not become Mediation Communications merely
   because they are disclosed or discussed during the mediation. Unless
   otherwise directed by Commission staff, the existence of the mediation
   will not be treated as confidential. A party may request that the
   existence of the mediation be treated as confidential in a case where
   this fact has not previously been publicly disclosed, and staff may
   grant such a request for good cause shown.

   (g) Any party or Commission staff may terminate a mediation by
   notifying other participants of their decision to terminate. Staff
   shall promptly confirm in writing that the mediation has ended. The
   confidentiality rules in paragraph (f) of this section shall continue
   to apply to any Mediation Communications. Further, unless otherwise
   directed, any staff ruling requiring that the existence of the
   mediation be treated as confidential will continue to apply after the
   mediation has ended.

   (h) For disputes arising under 47 U.S.C. 255, 617, and 619, and the
   advanced communications services and equipment rules, parties shall
   submit the Request for Dispute Assistance in accordance with § 14.32 of
   this chapter.

   [ 83 FR 44837 , Sept. 4, 2018]

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