111 CMR, § 1.11 - Mediation

(1) The Mediation process:

(a) shall be voluntary on the part of the parties;

(b) shall not be used to deny or delay the right of an individual to a hearing or to deny any other right afforded; and

(c) shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The Commission shall maintain a list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under the Rehabilitation Act, from which the mediators shall be selected, and shall bear the cost of the mediation process.

(2) An agreement reached by the parties in the mediation process shall be set forth in a written mediation agreement. In the event that no agreement between the parties is reached in mediation, an applicant, an eligible individual or their authorized representative who are parties to the dispute have the right to resolve such disputes through a fair hearing.

(3) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process are required to sign a confidentiality pledge prior to the commencement of such process.

Notes

111 CMR, § 1.11

Adopted by Mass Register Issue 1355, eff. 12/29/2017.