Official websites use .gov
A
.gov website belongs to an official government
organization in the United States.
Secure .gov websites use HTTPS
A
lock (
) or https:// means you’ve safely connected to
the .gov website. Share sensitive information only on official,
secure websites.
The Departmental Appeals Board, sometimes referred to as the "DAB," is a part of the U.S. Department of Health and Human Services (HHS). The DAB adjudicates (or decides) certain administrative disputes that involve HHS. The DAB has different adjudicators (or judges) that handle different kinds of cases, and the adjudicators are supported by different divisions:
The DAB also has other divisions: Alternative Dispute Resolution, Immediate Office, and Administration Divisions.
Examine your paperwork. Is it a notice of decision, redetermination letter, debt collection notice, inspection complaint, or official decision document from one of the following federal offices?
If you, or the client you represent, received one of the above federal documents, you can file an appeal by registering for access to the appropriate online filing system:
The most accurate way to tell if the DAB handles your appeal is to look at the regulations that govern your appeal. Those regulations usually appear in the decision or determination that you want to appeal. You can read federal regulations at eCFR.gov.
A quick way to tell if the DAB handles your appeal is to look for certain language in the decision or determination that you want to appeal. Does it have a section marked "appeal rights," "hearing rights," "how to request a hearing," "how to appeal" or something similar? Did the decision come with a cover letter (or "transmittal letter") that includes instructions on how to appeal?
If so, read the language in those sections or the cover letter carefully. If it talks about how to request a hearing before an administrative law judge or ALJ in the Departmental Appeals Board, you probably need to file with a DAB ALJ first. If you already have a decision from an ALJ in the Civil Remedies Division of the Departmental Appeals Board, then the accompanying cover letter will usually tell you if you can appeal to the Board, and how.
You can also contact the DAB, and we may be able to help.
You may choose to hire an attorney to help you with your case at your own expense. However, you are not required to have an attorney to move forward with your case.
A motion is a formal request made to a judge to make a ruling or decision on a specific issue. For example, if you need additional time to file your documents, you may file a Motion to Extend Time to File. When possible, you should discuss your request with the other party before filing the motion, as your motion should indicate whether the opposing party agrees or disagrees with your request. Motions should also include the reason you are asking for something to occur. For example, your Motion to Extend Time to File may state that you are still searching for documents that are needed to complete your filing.
The adjudicator (or judge) presiding over your case will review your motion, allow for the opposing party to respond, and then issue an Order addressing your motion. Orders will be uploaded on DAB E-File.
No. If you have any questions regarding your case, please contact the Attorney Advisor assigned to your case. You can find their contact information in DAB E-File.
DAB E-File is the Departmental Appeals Board's (DAB) electronic filing system. DAB E-File allows you to file and deliver (or serve) documents to the DAB and other parties. DAB E-File also allows you to access filings, orders, and decisions online, so you don't have to wait for documents to arrive by mail.
No. DAB E-File is a free electronic filing system.
Yes. You must use DAB E-File unless there is a reason that you cannot use it (for example, if you don't have access to the internet). In limited circumstances, we will accept filings by mail. However, you must ask permission to not use DAB E-File. We call this a waiver. To request a waiver, contact the Attorney-Advisor assigned to your case.
Only users that are granted access to a case may view the case record or file a document. The DAB will only grant access to a case if the user requesting access is a party to that case or an authorized representative.
You may choose to have a representative or attorney assist you with your case. Your representative or attorney must register for their own DAB E-File account and request access to your case. Representatives and attorneys must include an appointment of representative or notice of appearance with their request to access a case.
If your request for hearing or appeal was not correctly filed, but it belongs to the DAB, we will return your submission to you without docketing. You will receive a "misdirect notice" that explains why we couldn't accept it. Depending on the reason why we returned it to you, you may be allowed to fix the error and re-file your appeal.
If your request cannot be decided by the DAB, then we will let you know that in the misdirect notice. The misdirect notice may also provide more information on where your request should be filed and if we forwarded a copy of your request to that office.
If you filed a request for hearing or appeal with the DAB but in the wrong division, we may forward your appeal to the correct division.
You can reset your password by visiting: https://dab.efile.hhs.gov/password_resets/new?locale=en.
Examine your paperwork.
Does it say "in the case of Center of Tobacco Products (CTP) v. [your business establishment]?" If so, that's called an "Administrative Complaint." Typically, CTP delivers (or serves) complaints by UPS or certified mail.
You may also receive documents from the Departmental Appeals Board (DAB) Civil Remedies Division (CRD) before you receive a complaint. If so, this might mean that there was a complaint sent to your business and it hasn't reached you yet.
Typically, we will send a document acknowledging that CTP has filed a complaint (usually "Guidance Establishing Procedures" or "Acknowledgment and Pre-Hearing Order"). If you received one of these documents from us, that means there is already an existing case, and you can follow the guidance below.
You should submit an answer to the complaint.
In the answer, you should:
See 21 C.F.R. § 17.9(b). You can read Federal Regulations at eCFR.gov.
The answer is DUE within 30 days of service of the complaint. 21 C.F.R. § 17.9(a). CTP serves its complaint on the business establishment by courier or mail with tracking. So, your answer is due 30 days after the day your business establishment received the complaint.
You must use DAB E-File unless there is a reason that you cannot use it (for example, if you don't have access to the internet). In limited circumstances, we will accept filings by mail. However, you must ask permission to not use DAB E-File. We call this a waiver. To request a waiver, contact the Attorney-Advisor assigned to your case.
Keep your case number, which will look like this "T-YY-1234," handy as you'll need to enter it to gain access to your case.
Go to https://dab.efile.hhs.gov and scroll to the bottom to register or to login. Instructions at https://dab.efile.hhs.gov/appeals/to_crd_instructions?locale=en.
You ARE NOT filing an appeal at this stage. You are requesting access to your tobacco case and uploading your answer, so DO NOT select "File a New Appeal."
Navigate to the Tobacco Cases page in DAB E-File and then click on "Request Access to Your Case" on the left sidebar menu. Complete the request form, including entering the CRD Docket number that appears on the complaint (T-YY-1234) and uploading your answer and/or any other materials indicating your connection to the case.
You will receive an email confirmation once your request has been approved by the DAB. You will then be able to access your case in DAB E-File and view and download all documents filed in your case. You will also begin to receive email notifications from DAB E-File each time a document is filed in your case.
Note the FDA Docket No. FDA-YYYY-H-1234 and the CRD Docket No. T-YY-1234. Refer to the FDA Docket No. when communicating with CTP and refer to the CRD Docket No. (T-YY-1234) when you are submitting documents to the DAB Civil Remedies Division.
Whenever a document is filed by a party or issued by the ALJ, you will receive an e-mail notification, which includes a link to view the document in DAB E-File.
Read every document that is filed by the parties or issued by the ALJ because these documents will contain important case information about deadlines, procedures, and how to properly format and file documents.
The Attorney Advisor can help you with technical and administrative issues only. We cannot provide you legal advice and cannot discuss the substance of your case. 21 C.F.R. § 17.20.
No, you should never directly contact the ALJ assigned to your case. You should contact the Attorney Advisor assigned to your case if you have a question. Their contact information can be found in DAB E-File.
To negotiate a settlement to reduce the penalty amount, contact CTP by calling (877) 287-1373 or emailing CTP-CMP@fda.hhs.gov. Refer to the FDA Docket No. (FDA-YYYY-H-1234) when communicating with CTP.
Yes, you should file an answer, or a request for extension of time within 30 days after receiving the complaint. If you don't file anything with the judge within that 30-day period, you risk a default decision upholding the money penalty. Even if you are currently working with CTP to settle your case, it's still a good idea to file an answer or an extension.
No. To arrange a payment plan, contact CTP.
You have two options, and in either case, you must submit your request within 30 days of the ALJ decision.
First, you may submit an appeal of the ALJ Decision to the Appellate Division. To do so, navigate to the Appellate Division in DAB E-File and select "File New Appeal." Enter the CRD-T docket number (T-YY-1234) as the decision you wish to appeal and then upload your Notice of Appeal requesting Board review of the ALJ Decision.
Second, in most cases, you may ask the ALJ to reopen (or reconsider) their decision. (This does not apply to "sanctions decisions," where the ALJ decision includes an "Order Imposing Sanctions.") To do so, you must submit a motion to reopen that explains why you think the original decision was wrong. Contact the assigned Attorney Advisor and ask them to reactivate the case in DAB E-File so that you can submit your motion into the existing case record.
You can find the regulations governing risk determination hearings at 45 C.F.R § 410.1903:
https://www.ecfr.gov/current/title-45/subtitle-B/chapter-IV/part-410/subpart-J/section-410.1903
The ALJ decides whether the Office of Refugee Resettlement (ORR) proved by clear and convincing evidence that an unaccompanied child presents a risk of danger to self or to the community if released from ORR care and custody. The ALJ does not rule on any other matters related to the unaccompanied child in a risk determination hearing.
Unaccompanied children placed in restrictive placements are automatically provided a risk determination hearing. The child does not need to do anything to request a hearing. ORR will automatically begin the process by filing a request for a risk determination hearing with the DAB on behalf of the child.
Restrictive placement means a secure facility, including residential treatment centers, or a heightened supervision facility.
Yes. If the child is not in restrictive placement, the child, their attorney, or their parent or legal guardian may file a written request for a hearing. The child may complete a request form provided by ORR to the child's care provider facility or submit a letter request.
To submit a request for a risk determination hearing through DAB E-File:
Your case will be assigned to an ALJ. The ALJ will issue an order that explains how your case will be decided, gives you instructions on how to present your evidence and arguments, including how to prepare for your hearing, and sets important deadlines.
The ALJ's order will also include contact information for the staff attorney assigned to assist the ALJ. You may contact the staff attorney with procedural and technical questions. We cannot provide you legal advice. You may also ask your case manager at the facility for help.
After you register for DAB E-File, you must submit a request to access your case before you can view the case or file a document. To request access to your case in DAB E-File:
You will receive an email confirmation once your request has been approved by the DAB. You will then be able to access your case in DAB E-File and view all documents filed in your case. You will also begin to receive email notifications from DAB E-File each time a document is filed in your case.
If any of these events occur, the DAB will no longer have jurisdiction over matters related to the unaccompanied child. ORR will file a Discharge Notification with the DAB, and the DAB will cancel the risk determination hearing and close the case.
You may appeal the ALJ's decision to the Assistant Secretary of the Administration of Children & Families or their designee. The documents accompanying the ALJ's decision include instructions on how to appeal that decision.
The "Civil Remedies Division," also referred to as CRD, provides support to the DAB Administrative Law Judges (ALJs). The CRD is staffed with Attorney Advisors, paralegals, and administrative staff.
You can contact us for administrative, technical, and some types of case-related support. We cannot give you legal advice. You should never directly contact an ALJ.
DAB ALJs only have jurisdiction to decide cases that involve certain HHS programs. One such HHS program is Medicare.
The common types of cases include:DAB ALJs do NOT review appeals involving claims for Medicare coverage or payment of services that have been denied. Those appeals are heard by other HHS ALJs, at the Office of Medicare Hearings and Appeals (OMHA).
You can find more information about Medicare claim appeals before OMHA ALJs here.
If you already have a decision from an OMHA ALJ, you can find more information about the Medicare Appeals Council here.
Yes, DAB ALJs decide many other types of cases, including ones involving the Center for Tobacco Products (CTP) and the Office of Refugee Resettlement (ORR). You can find out more information about the CTP cases here and ORR cases here.
Other types of cases decided by DAB ALJs include:There are a few ways to tell if we can help you with your appeal.
The most accurate way to tell if the DAB handles your type of appeal is to look at the regulations that govern your appeal. Those regulations usually appear in the decision or determination that you want to appeal. You can read federal regulations at eCFR.gov.
A quick way to tell if the DAB handles your appeal is to look for certain language in the decision or determination that you want to appeal. Does it have a section marked "appeal rights," "hearing rights," "how to request a hearing," "how to appeal" or something similar? Did the decision come with a cover letter (or "transmittal letter") that includes instructions on how to appeal?
If so, read the language in those sections or the cover letter carefully. If it talks about how to request a hearing before an administrative law judge or ALJ in the Departmental Appeals Board, you are probably in the right place.
You can also contact us if you have questions.
To file an appeal, use the Departmental Appeals Board's electronic filing system, called "DAB E-File." Visit https://dab.efile.hhs.gov and register for a DAB E-File account https://dab.efile.hhs.gov/users/new?locale=en.
Once registered, you can electronically file an appeal and follow all updates to your case, including any filings from the other party.
You must have DAB E-File access to your case to receive important updates about your case (such as orders from the judge or filings by the other party) and to submit required filings.
For information on how to file your submission using DAB E-File, see these instructions: https://dab.efile.hhs.gov/appeals/to_crd_instructions.
If you have technical issues with DAB E-File, contact DAB E-File System Support at OSDABImmediateOffice@hhs.gov.
You must use DAB E-File unless there is a reason that you cannot use it (for example, if you don't have access to the internet). In limited circumstances, the ALJ will accept filings by mail. However, you must ask permission to not use DAB E-File. We call this a waiver. To request a waiver, contact the Attorney-Advisor assigned to your case.
Yes. However, if you are representing another person or entity and are not an attorney, you will need to file a signed notice that says you are authorized to represent them. After filing the appeal, please carefully review any instructions you receive for specific requirements.
No. You do not need to be represented by an attorney.
You must include two separate documents: (1) a request for a hearing before an administrative law judge and (2) a copy of the determination or decision you are appealing, which we call the "originating case decision."
You might find additional information on any additional documents you need to submit in the originating case decision or the letter accompanying the originating case decision. You should also check the regulations governing your appeal.
Generally, your request for hearing must state the issues or findings and legal conclusions that you disagree with, and you must explain why you think the findings and conclusions were incorrect. If you do not include this information, we may return your appeal to you. Your request for hearing must be signed by you or your authorized representative if you have one.
For more information about what a request for hearing must include, refer to the regulations listed on the decision you are appealing.
The originating case decision is our term for the agency's decision that you want to appeal. Often (but not always) it has a section called "Appeal Rights" or "How to Appeal" that has instructions about how to submit an appeal of the decision. If the decision you want to appeal does not contain an "Appeal Rights" section instructing you to file an appeal with the Civil Remedies Division, it may not be an appealable decision, or it may be a decision that you may appeal with a different division or agency.
If your appeal was not correctly filed, we will return your submission to you without docketing it as an appeal. You will receive a "misdirect notice" that explains why we couldn't accept it. Depending on the reason why we returned it, you may be allowed to fix the error and re-file your appeal. If you filed an appeal that belongs in another division in the DAB, but not the Civil Remedies Division, we may forward your appeal to that division.
Navigate to the Civil Remedies Division Cases page in DAB E-File and then click on "Request Access to Your Case" on the left sidebar menu. Complete the request form and, after verifying the information you provided is correct, click "Submit Request."
Once you have filed your appeal, you can check on the status and see all the filings through DAB E-File.
Go to the Civil Remedies Division Cases page in DAB E-File and then click on "Manage Your Appeals" on the left sidebar menu. Click on your appeal's docket number under the section for "Docketed Appeals" or use the search fields at the top of the page to find your appeal.
On the page for your appeal, you will find a box at the top containing information about your case. Below the case information box are links to documents filed in the record.
To file a new document, click the "Upload New Document" link located below the case information box.
If you have difficulty using DAB E-File, contact the attorney assigned to your case. You can find their contact information in the case information box.
When CRD receives a valid appeal, the case will be docketed and assigned to an ALJ. The ALJ will then issue documents which will likely provide important information about your case, such as deadlines and instructions about the next steps in your case. Please carefully review these documents when you receive them.
Whenever a document is filed by a party or issued by the ALJ, you will receive an email notification, which includes a link that allows you to view the document in DAB E-File.
It is important to read every document that is filed by the parties or issued by the ALJ. Notifications will come from this email address: notifications@dab.efile.hhs.gov. Please check your email spam folder to make sure you do not miss these important case notifications.
DAB staff cannot give you legal advice. But we can help you with procedural information. If you have administrative or procedural questions about your case, you can contact the staff attorney assigned to your case. You can find their contact information in DAB E-File in the section that contains your case information.
If you have technical issues using DAB E-File, contact DAB E-File System Support at OSDABImmediateOffice@hhs.gov.
If you have general questions about CRD, contact DABCRDHotline@hhs.gov.
You should never contact the ALJ assigned to your case.
Not all decisions are appealable. It depends on the statutes and regulations that governs your case, so you should check there first. You should also read the letter that accompanies the ALJ's decision or ruling. If the ALJ's decision or ruling can be appealed, the letter will let you know how and where to file your appeal.
The Departmental Appeals Board Members (collectively the "Board") are appointed by the Secretary of Health & Human Services. The Board generally issues the final decision for HHS, which in many cases may then be appealed to federal court. In certain categories of cases, the Board issues a recommended decision for action by another official.
The Appellate Division, which is staffed with Attorney-Advisors, paralegals, and administrative staff, supports the Board Members. You may contact us for administrative, technical, and some types of case-related support. We cannot give you legal advice. You may never directly contact a Board Member.
The Board cannot decide cases involving HHS or another federal entity unless there is a law or rule that gives the Board that authority.
Below is a list of the most common types of cases that the Board handles. You can review federal laws in the U.S. Code here and federal regulatory rules here.
Common case types that the Board handles:(A) For some types of cases, the Board can only handle appeals that have already been decided by a DAB Administrative Law Judge (ALJ). The Board does not have the power to decide appeals of all the different types of decisions that a DAB ALJ might issue, only some of them. Some common examples are:
(B) For other types of cases, the Board can decide the case without its going to an ALJ first. These are called cases of "original jurisdiction." Some common examples are:
Appeals of final written decisions in disputes coming from direct, discretionary project grants or cooperative agreements (see 45 C.F.R. Part 16 and the Appellate Div. Practice Manual), such as:
(C) Finally, the Board also handles appeals to the HHS Civil Rights Reviewing Authority ("CRRA"), because the members of the Board are appointed to serve as the CRRA. Appeals to the CRRA are controlled by the procedures in 45 C.F.R. Parts 80, 81.
To file an appeal, use the Departmental Appeals Board's electronic filing system, called "DAB E-File". Visit https://dab.efile.hhs.gov and register for a DAB E-File account https://dab.efile.hhs.gov/users/new?locale=en.
Once registered, you can electronically file an appeal and follow all updates to your case, including any filings from the other party.
For information on how to file your submission using DAB E-File, see these instructions.
If you have technical issues with DAB E-File, contact DAB E-File System Support at OSDABImmediateOffice@hhs.gov.
You must use DAB E-file unless there is a reason that you cannot use it (for example, if you don't have access to the internet). In limited circumstances, the Board will accept filings by mail. However, you must ask permission to not use DAB E-file. We call this a waiver.
To request a waiver, contact the Attorney-Advisor assigned to your case. The Attorney-Advisor's information is usually included in the "acknowledgment letter" that the Board issues once it receives your appeal. If you haven't filed your appeal yet, and you want to ask for a waiver so you don't have to use DAB E-File, mail your appeal to the Board and include your request for a waiver with the appeal. The Board's mailing address is here.
The laws and regulatory rules that control your case depend on what kind of case it is. The original agency decision or ALJ decision that you are appealing to the Board will usually refer to the applicable laws or regulatory rules. You can review federal laws in the U.S. Code here and federal regulatory rules here.
The Board has published special Guidelines to help you understand the rules that apply to your case. You can find those guidelines here: https://www.hhs.gov/about/agencies/dab/different-appeals-at-dab/appeals-to-board/guidelines/index.html.
The Board has also issued an Appellate Division Practice Manual to help you with your case before the Board. You can find that here: https://www.hhs.gov/about/agencies/dab/different-appeals-at-dab/appeals-to-board/practice-manual/index.html. Please note that a lot of the information in the Appellate Division Practice Manual applies only to the types of cases that are controlled by the rules published in 45 C.F.R. Part 16, but there is also information that might be useful in other types of cases.
DAB staff cannot give you legal advice. But we can help you with procedural information. If you need help with your case, you can reach out to the Attorney-Advisor assigned to your matter. You can find their contact information in DAB E-File in the section that contains your case information. If you have general procedural questions, email DABAPPHotline@hhs.gov for help. You should never directly contact a Board Member.
Not all decisions are appealable. It depends on the statutes and regulations that govern your case, so you should check there first. You should also read the letter that accompanies the Board's decision or ruling. If the Board's decision or ruling can be appealed, the letter will give you more information about how to appeal.
Alternative Dispute Resolution, or ADR, refers to a variety of methods for resolving conflicts or disagreements outside of the administrative appeals process. These methods include mediation, facilitation, arbitration, negotiated rulemaking, and coaching. You can learn more about mediation here and about other types of ADR here.
Most ADR processes involve a third-party neutral who is not a judge. The neutral is trained in dispute resolution skills and assists the parties reach resolutions that meet their interests.
The ADR Division at the DAB supports the Chair of the Departmental Appeals Board who is the Dispute Resolution Specialist of the Department of Health and Human Services. We provide ADR services, resources, and assistance to employees and constituents of HHS agencies across the country.
The ADR team comprises a small group of attorneys specifically trained in conflict resolution. We serve as mediators most of the time, helping parties in a variety of types of cases reach mutually agreeable resolutions without the need for protracted, risky litigation.
Most of the requests to the ADR division are for mediation. You can learn more about mediation here.
We also offer facilitation, negotiated rulemaking, coaching, and training services. You can learn more about facilitation, negotiated rulemaking, and coaching here. You can learn more about our training services here. Currently, training is available only for employees of the Department of Health and Human Services.
For certain HHS employees, we offer mediation in workplace conflict and EEO cases. Employees should not try to file a request for ADR on their own. Instead, please reach out to your organization's EEO Division to see if you are eligible for ADR's services. If you are, they will provide a referral; if you are not, they can provide other options.
For parties to DAB cases, we offer mediation in cases before Board Members and certain types of cases before DAB ALJs. We do not generally mediate cases before the Medicare Appeals Council or cases involving the Center for Tobacco Products; please reach out to ADR@HHS.gov if you have questions or concerns about those types of cases.
If you are an HHS employee seeking mediation in a workplace conflict or EEO case, please reach out to your EEO or LER specialist to learn more.
If you are a party to a DAB case, once you reach the ADR E-Filing page, click on the "Request ADR- Existing Docket Number" link in the left sidebar menu. Complete the request form, including entering your name, the original docket number, and the federal agency involved in the case. You should also indicate whether you have already discussed mediation with the other party.
You may upload a copy of the decision you are appealing, as well as any other documents you think are helpful. We will not have access to the case record in the other DAB Divisions. It is particularly helpful if you upload the letter you received acknowledging the DAB's receipt of your appeal.
Generally, once we receive your request for ADR, a mediator will reach out and acknowledge receipt. The mediator will likely try to set up a brief call to discuss your case, the mediation process, and any other options you may have for ADR. This call—including anything you tell the mediator during the call—is confidential.
The first thing we will determine is whether all parties involved in the case agree to mediate. If you have not discussed mediation with the other parties yet, we can discuss how to approach them.
Mediation cannot take place without the consent of all parties. Mediators cannot force participation in ADR. If the other party does not agree to mediate, our involvement ends, and the case will go back to the DAB Division for adjudication.
However, the door to mediation is never closed. If all parties agree to come to mediation later in the case, either party may file a request for ADR again.
Prior to the start of mediation, parties will be asked to sign an Agreement to Mediate, outlining the parameters of mediation, confidentiality, and the mediator's role. The mediator will answer any questions you may have about the Agreement to Mediate.
You can find a comprehensive outline of the mediation process here. Generally, during the mediation, the mediator helps the parties have a productive discussion, focusing on their needs, goals, and alternatives, to try to arrive at a mutually agreeable resolution. The mediator is not a judge and cannot order or require the parties to do anything. While our mediators are attorneys, we are not your attorneys. We do not represent any parties in the mediation, and we do not provide legal advice as part of the mediation. The mediator is a trained third-party neutral who uses their skills in negotiation, dispute resolution, and facilitation to help the parties have a discussion and determine whether a mutually agreeable resolution can be reached.
The mediator will speak to the parties together and will also often separate the parties in to breakout rooms to have more directed discussion with each party. At any point, either party can also request a breakout with the mediator.
If there is a successful resolution, it will be written in a settlement agreement. Who drafts the settlement agreement may vary. The federal party often has a template settlement agreement they use, and either they or the mediator will add in any applicable terms specific to the case. If the settlement agreement is drafted outside of the mediation session itself, you will have the opportunity to review the settlement agreement and meet with either the mediator and/or the other party to ask any questions, discuss any terms, or address any other concerns you have before you sign it.
If there is no settlement, the mediator will close the case and return it to the assigned ALJ or the Board. T he case will continue before the ALJ or the Board.
The important thing to remember is that there is only a settlement if all parties agree to it. No party is ever required to settle, and any party may discontinue mediation at any time. Parties may request a reasonable amount of time to review the settlement agreement with an attorney prior to signing, at their own expense.
As to the mediator, generally yes. Absent certain specific exceptions, the mediator does not share what happened in the mediation without the express permission of all parties. If one party shares something with the mediator in a breakout session, the mediator won't share that with the other party without permission. The mediator does not discuss details of the case with the ALJ, the Board, or any DAB attorneys assigned to the case.
However, settlement agreements reached in mediation may be subject to FOIA requests, and certain documents produced during the mediation may not be confidential. You may refer to the Administrative Dispute Resolution Act of 1996 for more information on confidentiality and its exceptions.
All parties to a case should participate in the mediation. Each party may also be represented by an attorney of their choosing at their own expense, but parties are not required to have an attorney.
Parties may also bring a support person who is not an attorney. Support persons should not participate in the full group sessions, but they may request time to break out to speak to their parties and may participate in any breakout sessions with the mediator. If a non-attorney support person disrupts the mediation, the mediator may ask them to disconnect or leave the session. Support persons will be required to sign the Agreement to Mediate.
There may also be a co-mediator on the case for training purposes.
Mediations may be held in person at the DAB offices in the Switzer building, 330 C St. SW, Washington, DC, for parties local to the DC region.
We also use Zoom for mediations for parties in different parts of the country or for parties who have difficulty attending in-person sessions. Our mediators are happy to work with parties to develop a plan for mediation that works for all involved.
We can accommodate mediation requests regardless of the geographical location of the parties.
If you need accommodations or an interpreter for your mediation, please let the mediator know during or before the initial call.
Please reach out to ADR@HHS.gov.
