| (a) An applicant, eligible individual, or parent who
has initiated a proceeding under this subchapter may request mediation
to resolve the dispute. DARS, with the consent of the applicant, eligible
individual, or parent, may also originate the request for mediation.
(b) Mediation is voluntary on the part of the parties;
must not be used to deny or delay the right of an individual to a
hearing under this subchapter, or to deny any other right afforded
by the Rehabilitation Act; and shall be conducted by a qualified and
impartial mediator who is trained in effective mediation techniques.
(c) DARS shall bear all costs related to the mediation
process.
(d) Upon receiving a request for mediation from the
parties, the hearings coordinator shall select an individual from
a list of qualified mediators who are knowledgeable in laws and regulations
relating to the provision of vocational rehabilitation, independent
living services, comprehensive rehabilitation services, or the provision
of services by Early Childhood Intervention Services, whichever may
apply to the dispute.
(e) Sessions in the mediation process shall be coordinated
by the mediator in a timely manner at a location convenient to both
parties in the dispute.
(f) All discussions that occur during the mediation
sessions are confidential and may not be used as evidence in any subsequent
due process hearing or civil proceeding. The mediator may require
the parties to sign a confidentiality pledge before the start of the
mediation process.
(g) Any agreement reached through the mediation process
is documented in a written mediation agreement and signed by the parties
to the dispute. The agreement then becomes a part of the consumer
record.
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