8 Colo. Code Regs. § 1405-1-5.121

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.121 - MEDIATION

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

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;

2. There is no cost to the parties involved in the mediation;

3. It shall not be used to deny or delay a parent or guardian the right to a due process hearing, or to deny any other rights, in accordance with 20 U.S.C. 1439, as listed in Rule 5.104(A)(4); and

4. 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 guardian 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 or guardian 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.

8 CCR 1405-1-5.121

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024