Or. Admin. Code § 585-030-0040 - Formal Mediation
(1) When
Commission issues a Notice of Action, Commission and the affected
client may agree to participate in formal mediation to resolve any
issues relevant to the notice. Neither the party's request, nor any
agreement by Commission to participate in mediation extends the
period for filing a timely request for an impartial fair
hearing.
(2)
Participation in the mediation process is voluntary. Both the client
and the client's counselor or Commission employee directly involved
in the dispute must be willing to participate in the mediation
process before Commission can schedule a formal mediation.
(a) If Commission declines to
participate following a request for mediation, Commission shall
provide written notice to the client that mediation is declined and
the client shall be advised of their right to request a hearing, if a
request for a hearing is not already pending.
(b) If Commission agrees to
participate in mediation, Commission may establish a deadline for the
conclusion of the process.
(3) If Commission agrees to
participate in mediation, the parties' mediation communications will
only remain confidential and/or inadmissible in any subsequent
proceeding if the parties agree in writing that such communications
are confidential and/or non-discoverable and inadmissible.
(4) If Commission has agreed to
participate in mediation and the client makes a timely request for an
impartial fair hearing:
(a) The
hearing shall be suspended until mediation is completed, Commission
or the client opts out of the mediation process, or the deadline, if
any, conclusion of mediation is reached.
(b) Commission shall proceed to
schedule the impartial fair hearing if mediation terminates without
settlement of the contested case, unless the client withdraws the
hearing request.
(5) Commission shall select a
mediator who has indicated an interest or expertise in
disability-related issues, and who meets the requirements of a
qualified and impartial mediator. Commission shall comply with all
procurement and contracting rules provided by law.
(a) Upon receipt of a timely
request for mediation from the client, Commission shall contact, on a
rotating basis, a mediator who is geographically near Commission
office of the client.
(b)
Each party shall be given the opportunity to agree to or reject an
identified mediator prior to the beginning of mediation
services.
(6)
The mediation shall occur between the client's counselor or assigned
Commission employee and the client. The parties may have a
representative assist them in the mediation, including the Client
Assistance Program.
(7)
Conclusion of mediation:
(a) At any
point during the mediation process, either party or the mediator may
elect to terminate the mediation.
(b) A successful mediation shall be
concluded with a final written mediation agreement that is developed
by the parties with the assistance of the mediator. The parties must
agree to and sign the agreement for it to be effective in resolving
the case. The parties shall be given a copy of the signed agreement.
(A) The final agreement shall
become part of the case file record, unless otherwise
agreed.
(B) If the
agreement includes any changes to the Individualized Plan for
Employment (IPE), a revision to the IPE or amended IPE that
incorporates the changes shall be in writing and signed by Commission
and the client.
(8) If an agreement is not reached,
Commission shall provide the client with written notice that the
mediation process has ended and advise the client of their right to
request an impartial fair hearing within the timeframes specified in
OAR 585-025-0030, if a hearing request is not already
pending.
(9) The costs of
the mediation process must be paid by the Commission. Commission is
not required to pay for any costs related to the representation of
client, including attorney's fees.
Notes
Statutory/Other Authority: ORS 346.150 & ORS 183.502
Statutes/Other Implemented: ORS 183.502
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