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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 46 - Shipping |
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Chapter IV - Federal Maritime Commission |
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SubChapter A - General and Administrative Provisions |
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Part 502 - Rules of Practice and Procedure |
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Subpart E - Proceedings; Pleadings; Motions; Replies |
§ 502.64 - Alternative dispute resolution.
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§ 502.64 Alternative dispute resolution.
(a) Mandatory preliminary conference.
(1) Participation. Subsequent to service of a Complaint, parties must participate in a preliminary conference with the Commission's Office of Consumer Affairs and Dispute Resolution Services (CADRS) as to whether the matter may be resolved through mediation. The preliminary conference may be conducted either in person or via telephone, video conference, or other forum.
(2) Timing. Within fifteen (15) days of the filing of an answer, the parties must contact the Director of CADRS to schedule the preliminary conference. The Director of CADRS or his/her designees will conduct the preliminary conference and may confer with each party separately at any time.
(b) Continued availability of dispute resolution services to resolve procedural and other disputes. Pursuant to subpart U of this part, the parties mutually may agree, at any time prior to the termination of a Commission proceeding, to initiate or reopen a mediation proceeding to explore resolution of procedural or substantive issues.
(c) Proceeding not stayed during dispute resolution process. Unless otherwise ordered by the presiding officer, a mediation proceeding does not stay or delay the procedural time requirements set forth by rule or order of the presiding officer.
(d) Confidentiality. The preliminary conference will be confidential. [Rule 64.]