Authority: 12 CCR 2509-10
A. A statewide mediation system shall be available to ensure that:
1. Any individual may voluntarily access a non-adversarial process for the resolution of disputes at no cost to the parties involved in the mediation; and,
2. It shall not be used to deny or delay a parent the right to a due process hearing, or to deny any other rights, in accordance with 20 U.S.C. 1439, which is incorporated by reference as defined in Section 7.900, A, 4; and,
3. It shall be scheduled and held in a location that is convenient to the parties involved in the mediation.
B. A request for mediation by a parent or an early intervention services provider shall be submitted to the Department using either the state form or another signed written request.
C. A mediation agreement reached by the parties to the dispute in the mediation process shall be set forth in a legally binding written mediation agreement that sets forth that resolution and that:
1. States that all discussions that occurred during the mediation process shall remain confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding; and,
2. Is signed by a parent and a representative of the agency who has the authority to bind such agency.
D. A written, signed mediation agreement shall be enforceable in any state court of competent jurisdiction or in a district court of the United States.