Regardless of whether a supervisor review is requested, an
appellant may request resolution of the dispute through the mediation process.
Mediation is also available if the appellant is dissatisfied with the
supervisor's decision. If mediation is requested by the appellant and agreed to
by the division, the following steps shall be observed:
Mediation shall be conducted by a
qualified and impartial mediator, as defined in
34 CFR Section
, trained in
effective mediation techniques and selected randomly by the division from a
list maintained by the division.
(2) The mediation shall be conducted in a
timely manner at a location convenient to the parties.
(3) Mediation shall not be used to delay the
appellant's right to a hearing.
Mediation must be voluntary on the part of the appellant and the
(5) Mediation is at no
cost to the appellant.
discussions and other communications that occur during the mediation process
are confidential. Any offers of settlement made by either party during the
mediation process are inadmissible if further appeal is sought by the
(7) Existing division
services provided to an appellant shall not be suspended, reduced, or
terminated pending decision of the mediator, unless so requested by the
Admin. Code r.
ARC 8806B, lAB 6/2/10,
December 10, 2014/Volume XXXVII, Number 12, effective
December 7, 2016/Volume XXXIX, Number 12, effective