Sec. 104. AVAILABILITY OF MEDIATION DURING PROCESS
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## SEC. 104 AVAILABILITY OF MEDIATION DURING PROCESS ###
(a)Availability of Mediation Section 404(a) (2 U.S.C. 1403(a)), as redesignated by section 101(c), is amended to read as follows: > > ### “(a) Availability of Mediation > > > #### “(1) Notification regarding mediation > > > ##### “(A) Covered employee > > Upon receipt of a claim under section 402, 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. > > > ##### “(B) Employing office > > Upon transmission to the employing office of the claim pursuant to section 402(b), the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation. > > > #### “(2) Initiation > > > ##### “(A) In general > > During the period described in subparagraph (B), either the covered employee who filed a claim under section 402 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. > > > ##### “(B) Timing > > A 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 section 402 and ending on the date on which a hearing officer issues a written decision relating to the claim under section 405(g) or the covered employee files a civil action with respect to the claim in accordance with section 408, as applicable. > > > #### “(3) Failure to request or accept mediation to have no effect on treatment of claim > > The 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 section 403, a formal hearing under section 405, or a civil action under section 408.” > . ###
(b)Requiring Parties to Be Separated During Mediation at Request of Employee Section 404(b)(2) (2 U.S.C. 1403(b)(2)), as redesignated by section 101(c), is amended by striking “meetings with the parties separately or jointly” and inserting “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,”. ###
(c)Period of Mediation Section 404(c) (2 U.S.C. 1403(c)), as redesignated by section 101(c), is amended by striking the first 2 sentences and inserting the following: “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 Act 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.”. ## Subtitle B Other Reforms
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Sec. 104
AVAILABILITY OF MEDIATION DURING PROCESS
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