Section 47.01.01.102 - MEDIATIONMediation is an alternate dispute resolution method available to applicants and eligible customers who initiate the formal appeals process or when the informal review did not resolve the customer's concern.
01.Timeline. A customer may request mediation as long as the request is made within twenty-one (21) calendar days of the original or informal review decision.02.Written Request. Requests for mediation must be made in writing to the field services chief and state the reason for dissatisfaction with the decision. The field services chief will represent the Division or assign a management level staff member who was not involved in the decision.03.Participation. Mediation is voluntary, either party may reject mediation. Once mediation has been accepted, either party may terminate the mediation process.04.Right to Fair Hearing. Mediation may not be used to deny or delay the customer's right to pursue a fair hearing. Should the customer and/or designated representative select mediation in lieu of a fair hearing, the option for a fair hearing will be extended to allow the results of mediation to be established. Once the final mediation results are determined, the customer retains the right to request a fair hearing.05.Mediator. All mediation is conducted by a qualified and impartial mediator who is selected randomly from a list maintained by the Division.06.Confidentiality. Mediation discussions are confidential and may not be used as evidence in a fair hearing. Both parties will sign a confidentiality agreement.07.Mediation Agreement. The mediator will develop a written mediation agreement if an agreement between the parties is reached. The agreement must be signed by all parties involved in the mediation.08.Cost. Cost of mediation is paid by the Division, except for customer representation.Idaho Admin. Code r. 47.01.01.102