About mediation
OALJ's mediation process is court-sponsored alternative dispute resolution. A case may be referred to OALJ's mediation program by either the suggestion of a party, the Chief Administrative Law Judge, the judge assigned to adjudicate the case, or upon the suggestion of OALJ's Chief of Mediation. Participation in mediation, however, is voluntary.
The mediator may ask the parties to provide information to share with the other party or to keep confidential on either a temporary or permanent basis. The "mediation file" maintained by the mediator will be kept separate from the judge who is assigned to hear the case. If, at any time, either the mediator or a party concludes that the process is unlikely to result in settlement by the parties, the matter will be referred back to the presiding judge.
The presiding judge may request the parties to participate in mediation at any point during the hearing process. The presiding judge will not be advised by the mediator of information provided to the mediator during mediation, except the result, unless the parties agree otherwise. While a case is pending before the mediator, any requests for extensions of time for discovery or changes in a scheduling order must be presented to the presiding judge, with a copy provided the mediator. The mediator is NOT empowered to grant extensions of time regarding the underlying proceeding.
In order to ensure confidentiality, once mediation proceedings commence, filings directed to the mediator must not be filed in the Department's eFile and eServe system (EFS) at efile.dol.gov or OALJ's e-mail e-filing system. Rather, submit those filings in the manner directed by the mediator.
How do I request mediation?
To request mediation, you may:
Send an email to:
- Beth Slavet, Chief of Mediation, at Slavet.Beth.S@dol.gov.
When making the request, it is important that you:
- Provide the OALJ Case Number (e.g., 2014-LHC-30000)
- Provide both of the following forms:
- Request for Appointment of Mediator (revised July 2021) PDF (English) | PDF (Spanish)
- State whether the other party or parties agree to the request
- Provide the telephone, e-mail addresses, and/or fax numbers of the various representatives or pro se litigants so that the mediator appointment and conference can be facilitated
- Agreement to Mediate (revised July 2021) PDF (English) | PDF (Spanish)
- Request for Appointment of Mediator (revised July 2021) PDF (English) | PDF (Spanish)
Contacts:
For more information, contact Beth S. Slavet, Chief of Mediation, at 202-693-7339 or Slavet.Beth.S@dol.gov.