---
kind: "section"
citation: "49 C.F.R. § 1109.2"
title: "49"
number: "1109.2"
heading: "Commencement of mediation."
url: "https://uscodex.org/cfr/49/1109.2"
---

# §1109.2. Commencement of mediation.

- (a) **Availability of mediation.** Mediation may be commenced in a dispute before the Board:
  - (1) Pursuant to a Board order issued in response to a written request of one or more parties to a matter;
  - (2) Where the Board orders mediation by its own order; or
  - (3) In connection with a rate complaint, as provided by [§ 1109.4](/cfr/49/1109.4.md) and [part 1111](/cfr/49/part1111.md) of this chapter.
- (b) **Requests for mediation.** Parties wishing to pursue mediation may file a request for mediation with the Board at any time following the filing of a complaint. Parties that use the Board's mediation procedures shall not be required to pay any fees other than the appropriate filing fee associated with the underlying dispute, as provided at [49 CFR 1002.2](/cfr/49/1002.2.md). The Board shall grant any mediation request submitted by all parties to a matter, but may deny mediation where one or more parties to the underlying dispute do not consent to mediation, or where the parties seek to mediate disputes not eligible for Board-sponsored mediation, as listed in [§ 1109.1](/cfr/49/1109.1.md).

## Notes

### Authority

Authority: 49 U.S.C. 1321(a) and 5 U.S.C. 571 et seq.

### Source

Source: 78 FR 29083, May 17, 2013, unless otherwise noted.