470 Ind. Admin. Code 3.1-15-9

Current through October 23, 2024

Section 470 IAC 3.1-15-9 - Mediation

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 9.

(a) Mediation is a voluntary option that can be used when a parent and a participating agency cannot agree on matters related to the identification, evaluation, or provision of services to a child or the child's family, as an alternative to the procedures found in this rule.

(b) Mediation may be requested when both parties agree to the mediation process.

(c) Mediation may occur prior to or concurrent with a request for an impartial hearing. A request for mediation shall not preclude or delay an impartial hearing, the timelines required to be met when an impartial hearing is conducted, nor deny any other rights afforded under Part C.

(d) Persons who serve as mediators shall:

(1) be trained in effective mediation techniques;

(2) have no conflicts of interest concerning the parties or issues involved in the mediation process;

(3) be impartial; and

(4) have knowledge of the early intervention system and the needs of infants and toddlers with disabilities and their families.

(e) The division shall:

(1) Maintain a list of qualified mediators.

(2) Assure that each session in the mediation process is scheduled in a timely manner.

(3) Assure that the location of the scheduled mediation is convenient to the parties in dispute.

(4) Bear the cost of the mediation process.

(f) A mediation agreement:

(1) shall not be binding upon any party;

(2) shall be submitted to the IFSP team for approval; and

(3) shall be in writing.

(g) Discussions that occur during the mediation process must:

(1) be confidential; and

(2) not be used as evidence in any subsequent due process hearings or civil proceedings.

(h) Parties to the mediation must sign a confidentiality pledge prior to the commencement of the process.

(i) Where an impartial hearing has been requested and an impartial hearing officer assigned, the mediation agreement shall be submitted, upon request of the hearing officer, to the hearing officer.

(j) If a mediation agreement is reached while a petition for review is pending with the division, the agreement shall, upon request of the division, be submitted to the division.

470 IAC 3.1-15-9

Division of Family Resources; 470 IAC 3.1-15-9; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1353; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2272; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA

Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA