49 CFR 1144.1 : Transportation (§ 1.1 To Parts 1581-1699) — (Parts 1000-1019 To Parts 1187-1199) — Other Regulations Relating To Transportation (Continued) (Parts 1000-1019 To Parts 1187-1199) — Surface Transportation Board (Parts 1000-1019 To Parts 1187-1199) — Rules Of Practice (Parts 1100-1129 To Parts 1187-1199) — Intramodal Rail Competition (§ 1144.1 To § 1144.3) — Negotiation.

(a) Timing. At least 5 days prior to seeking the prescription of a through route, joint rate, or reciprocal switching, the party intending to initiate such action must first seek to engage in negotiations to resolve its dispute with the prospective defendants.

(b) Participation. Participation or failure to participate in negotiations does not waive a party's right to file a timely request for prescription.

(c) Arbitration. The parties may use arbitration as part of the negotiation process, or in lieu of litigation before the Board.