| (a) An applicant or eligible individual who has initiated
a proceeding under this subchapter, may request, or may request through
the individual's authorized representative, mediation to resolve the
dispute. The Agency, with the consent of the applicant, eligible individual,
or the authorized representative, as appropriate, may also originate
the request for mediation.
(b) Mediation is voluntary on the part of the parties.
At any point during the mediation process, either party or the mediator
may elect to terminate the mediation. In the event that mediation
is terminated, either party may pursue resolution through an impartial
hearing. Mediation shall 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 Act. Mediation shall be conducted by a qualified
and impartial mediator who is trained in effective mediation techniques.
(c) The Agency shall bear all costs related to the
mediation process, consistent with this subchapter.
(d) The request for mediation shall be filed in writing
with the hearings coordinator within the Agency's Office of General
Counsel. On receiving a request for mediation from the parties, the
hearings coordinator shall randomly select an individual from a list
of qualified mediators who are knowledgeable in laws and regulations
relating to the provision of VR services, ILS-OIB, or the Business
Enterprises of Texas program, 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. Parties shall be provided an opportunity to
submit evidence and other information that supports their positions.
(f) All discussions that occur during the mediation
sessions are confidential and shall 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
shall be documented in a written mediation agreement and signed by
the parties to the dispute. Copies shall be provided to both parties.
The agreement then becomes a part of the customer record.
|
