Haw. Code R. § 11-140-9 - Mediation
(a) Mediation is available to allow parties
to resolve disputes regarding eligibility, evaluation, placement, or provision
of early Intervention Services prior to the filing of an administrative
complaint or due process hearing request.
(b) A parent seeking mediation shall submit
the mediation request in writing to the department and shall identify any
area(s) of concern and the facts relating to the concern(s).
(c) The department shall provide a mediation
process that is:
(1) Voluntary on the part of
the parties;
(2) Not used to deny
or delay a parent's right to a due process hearing or to deny any other rights
afforded to the parent; and
(3)
Conducted by a qualified and impartial mediator who is trained in effective
mediation techniques.
(d) The department shall maintain a list of
qualified mediators who are knowledgeable in laws and regulations relating to
the provision of early Intervention Services and must select mediators on a
random, rotational, or other impartial basis.
(e) The department shall bear all costs of
the mediation process, including the cost of meetings described in subsection
(f).
(f) Each meeting in the
mediation process shall be scheduled in a timely manner and shall be held in a
location that is convenient to the parties in the dispute.
(g) If the parties resolve a dispute through
the mediation process, the parties shall execute a legally binding agreement
that sets forth the resolution and that states that all discussions that
occurred during the mediation process will remain confidential and may not be
used in any subsequent due process hearing or civil proceeding. The mediation
agreement shall be signed by both the parent and a representative of the
department who has authority to sign the agreement.
(h) A written, signed mediation agreement is
enforceable in any State court of competent Jurisdiction or in a district court
of the United States.
(i) The
department may establish procedures to offer to parents who choose not to use
the mediation process, an opportunity to meet, at a time and location
convenient to the parents, with a disinterested party who:
(1) Is under contract with a parent training
and Information center or Community parent resource center in the State or an
appropriate alternative dispute resolution entity; and
(2) Would explain the benefits of the
mediation process and encourage the parents to use the process.
Notes
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