Title V, SEC. 5213. MEDIATION PROCEEDINGS. 
      (a) Role of Facilitator. In the course of mediation proceedings under the 
    Early Resolution Program, the facilitator assigned to the dispute shall 
    prepare the parties for a conference regarding the dispute and serve as a 
    neutral mediator at such conference, with the goal of achieving settlement 
    of the dispute. 

      (b) Preparations for Conference. In advance of convening the conference, 
    after identifying the necessary parties and confirming that the case is 
    eligible for the Program, the facilitator shall analyze the record of the 
    claims procedure conducted pursuant to section 5201 and any position papers 
    submitted by the parties to determine if further case development is needed 
    to clarify the legal and factual issues in dispute, and whether there is 
    any need for additional information and documents. 

      (c) Conference. Upon convening the conference, the facilitator shall 
    assist the parties in identifying undisputed issues and exploring 
    settlement. If settlement is reached, the facilitator shall assist in the 
    preparation of a written settlement agreement. If no settlement is reached, 
    the facilitator shall present the facilitator's evaluation, including an 
    assessment of the parties' positions, the likely outcome of further 
    administrative action or litigation, and suggestions for narrowing the 
    issues in dispute. 

      (d) Time Limit. The facilitator shall ensure that mediation proceedings 
    with respect to any dispute under the Early Resolution Program shall be 
    completed within 120 days after the election to participate. The parties 
    may agree to one extension of the proceedings by not more than 30 days if 
    the proceedings are suspended to obtain an agency ruling or to reconvene 
    the conference in a subsequent session. 

      (e) Inapplicability of Formal Rules. Formal rules of evidence shall not 
    apply to mediation proceedings under the Early Resolution Program. All 
    statements made and evidence presented in the proceedings shall be 
    admissible in the proceedings. The facilitator shall be the sole judge of 
    the proper weight to be afforded to each submission. The parties to 
    mediation proceedings under the Program shall not be required to make 
    statements or present evidence under oath. 

      (f) Representation. Parties may participate pro se or be represented by 
    attorneys throughout the proceedings of the Early Resolution Program. 

      (g) Confidentiality. 

        (1) In general. Under regulations of the Secretary of Labor, rules 
      similar to the rules under section 574 of title 5, United States Code 
      (relating to confidentiality in dispute resolution proceedings) shall 
      apply to the mediation proceedings under the Early Resolution Program. 

        (2) Civil remedies. The Secretary of Labor may assess a civil penalty 
      against any person who discloses information in violation of the 
      regulations prescribed pursuant to subsection (a) in the amount of three 
      times the amount of the claim involved. The Secretary of Labor may bring 
      a civil action to enforce such civil penalty in any court of competent 
      jurisdiction.