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ITC Initiates Voluntary Pilot Mediation Program for Section 337 Investigations

The International Trade Commission has issued a notice announcing that it has approved the initiation of a voluntary pilot mediation program for investigations under section 337 of the Tariff Act of 1930, as amended.

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ITC states that the purposes of the pilot mediation program are to facilitate the settlement of disputes and to evaluate the possible implementation of a permanent mediation program.

Section 337 Investigations Eligible for Voluntary Participation in Program

Parties' participation in the pilot mediation program will be on a voluntary basis. At the same time, the mediator will conduct the mediation only if he or she believes that the case would benefit from mediation and has settlement potential.

A presiding Administrative Law Judge may nominate a section 337 investigation for inclusion in the pilot mediation program by so indicating to the Supervisory Attorney for Docket Services. Private parties may also request, individually or jointly, that an investigation be included in the pilot mediation program by filing a Confidential Request to Enter Mediation.

While it is expected that all or nearly all of the selections for inclusion in the pilot mediation program will be made at the initiative of the presiding Administrative Law Judge or counsel for the parties, the Supervisory Attorney for Docket Services may select additional investigations for inclusion in the pilot mediation program at the direction of the Office of the Chairman.

ITC User Manual on Conducting Mediation, Settlement Conferences

ITC has also issued a Users' Manual for the pilot mediation program, which explains that the administrative management of the mediation program is coordinated by the Supervisory Attorney for Docket Services who will work with a professional mediator for conducting a settlement conference.

The pilot program is supervised by the Office of the Chairman in conjunction with the other members of the ITC.

ITC contact - James Holbein (202) 205-1873

ITC notice (FR Pub 11/04/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-26196.pdf

ITC manual and documents under the pilot program available at http://www.usitc.gov/trade_remedy/int_prop/pilotmediation.htm