U.S. Department of Labor Office of Administrative Law Judges

800 K Street, NW

Washington, DC 20001

Mediation Program

Beth Slavet, Chief of Mediation Program

(202) 904-6023 (Cell)

Jashawn Stewart, Mediator

(202) 313-8091 (Cell)

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In the Matter of:

OALJ Case No.(s) :

 v.

AGREEMENT TO MEDIATE

This is an agreement by the parties to mediate a complaint related to the above captioned 

claim pending before the Office of Administrative Law Judges (“OALJ”), U.S. Department of 

Labor. Use of mediation is a voluntary process which the parties or the mediator may terminate at 

any time. The mediator will not act as a representative for either party. Each party is encouraged 

to consult with an attorney, if they have not done so, before signing any agreement settling a case. 

Communications may be in writing, by electronic mail, or by telephone. An in-person 

conference may also be scheduled. The parties and their representatives will attend mediation 

sessions unless excused by the mediator. The mediator may suggest the additional participation of 

an expert or other person to assist in resolving an issue. No one else may participate without the 

permission of the parties and the consent of the mediator. The mediator may speak or meet with 

each party separately; in that event, the mediator will not reveal what is said by one party to the 

other(s) without permission. The parties agree to ex parte communications with the mediator in 

furtherance of the mediation process when either a party or the mediator considers it necessary or 

helpful. 

By signing this agreement, all participants acknowledge that all mediation sessions and 

material prepared for the exclusive use of the mediator are confidential and privileged and 

shall not be disclosed in any subsequent proceeding. Each party agrees not to subpoena the 

mediator or any documents submitted to the mediator unless those documents are otherwise 

discoverable. Under no circumstance will the mediator disclose confidential information 

provided during the course of mediation, testify voluntarily on behalf of either party, or submit 

any type of report to any court in connection with this case. Neither the completed Agreement 

to Mediate nor the Request for Mediation forms are considered confidential. To the extent that 

the parties may have participated 
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in an earlier mediation where confidentiality was agreed to, confidential information exchanged 

during that procedure should not be submitted to the OALJ mediator unless both parties agree to 

do so. 

With one exception, none of the mediation proceedings shall be construed for any purpose 

as an admission against interest. In the event that a settlement is reached and a party thereafter 

defaults and/or breaches the settlement agreement, then the written settlement agreement itself, 

[signed by the parties or their legal representatives] may be used as evidence at any subsequent 

proceeding to enforce the agreement. 

The parties agree that the mediator has the discretion to terminate mediation at any time if 

she believes the case is inappropriate for mediation or that an impasse has been reached. Likewise, 

any party may withdraw from mediation at any time. Upon termination of the mediation, the 

mediator will advise the Chief Administrative Law Judge and the presiding Administrative Law 

Judge of the termination of the mediation and whether or not agreement has been reached by the 

parties. 

Settlement negotiations shall not normally exceed sixty (60) days, absent approval of an 

extension request by the Chief Administrative Law Judge. (29 C.F.R. § 18.9(e)(4)). Any 

settlement agreement disposing of all or a part of the proceeding shall be in writing, conform to 

the requirements of 29 C.F.R. § 18.71, and be signed by the parties. Once a settlement agreement 

is reached, the parties must submit the agreement and any required documents to the presiding 

Administrative Law Judge within 14 calendar days of the conclusion of the mediation unless the 

presiding Administrative Law Judge rules otherwise. 

________________________________________________ Date ____________________ 

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Certified By:

________________________________________________ Date ____________________ 

________________________________________________ Date ____________________ 

Assigned Mediator: 

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Additional Signatures

_______________________________________________ Date ____________________ 

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Revised 6.21.2021 JNS

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