11 Participant's Rights

Mediation will be conducted by an impartial mediator who is trained in effective mediation techniques.

Participation in mediation shall not be used to deny or delay the right of an individual to a Fair Hearing.

Participation in the mediation process is voluntary on the part of the participant and the DVR staff involved in the disputed determination.

The participant has the right to representation during the mediation process by a representative or advocate.

Discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings.

Cost of mediation is covered entirely by DVR. The participant is not expected to bear any cost associated with mediation services aside from any fee for representation they choose to acquire.

A participant may request mediation services by writing to the Deputy Director of Rehabilitation Services.

Once a request for mediation is received at Rehabilitation Services Unit, the Deputy Director will determine if the counselor or other staff, as appropriate, is in agreement to participate in the mediation process and if the issue(s) can be resolved through mediation. If at that point it is determined that mediation is not an option, the Deputy Director will notify the participant in writing and advise them of their right for internal review processes and/or a Fair Hearing.

If all parties agree upon mediation, the Deputy Director will refer the case to a mediation contractor.

It is the mediator's responsibility to contact the participant and agency personnel to arrange mediation session(s) which are to be conducted in a timely manner and held in a location that is convenient to the parties involved.

An agreement reached by the parties must be described in a written mediation agreement that is developed by the parties with the assistance of the mediator and signed by both parties. Copies of this agreement will be sent to both parties.

At any point during the mediation process, either party or the mediator may elect to terminate the mediation. If this occurs, the mediator will notify the participant of their rights to proceed with internal reviews or a Fair Hearing.

The counselor will ensure agreement(s) outlined in the mediation agreement are implemented unless otherwise assigned by the Area Manager, FOD or RSU Deputy Director.