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Mediation


Authority: 12 CCR 2509-10

7.991  MEDIATION

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.



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