460 IAC 14-25-6 - Mediation

Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC 12-9-5-3

Affected: IC 12-9-5; IC 12-12-1

Sec. 6.

(a) An applicant or eligible individual must submit a written request for mediation at the same time a request is made for an impartial due process hearing.

(b) Mediation is voluntary for both parties and shall not occur unless the applicant, eligible individual, or individual's representative and the VR program agree.

(c) If the applicant, eligible individual, individual's representative, or the VR program does not agree to mediation, the parties must proceed directly to the impartial due process hearing.

(d) Once initiated, mediation may be terminated at any time by either party or by the mediator.

(e) An applicant, eligible individual, or individual's representative has the right to representation by legal counsel or any other advocate of his or her choice during mediation.

(f) An applicant, eligible individual, or individual's representative who intends to have the assistance of legal counsel must provide written notice to the mediator and counselor at least ten (10) business days prior to the scheduled mediation.

(g) An applicant, eligible individual, or individual's representative is not permitted to choose a particular mediator.

(h) The mediator must notify the parties, in writing, of the date, time, and place of mediation as well as provide necessary instructions and information for participation in the mediation.

Notes

460 IAC 14-25-6

Division of Disability and Rehabilitative Services; 460 IAC 14-25 - 6; filed 7/13/2015, 4:09 p.m.: 20150812-IR-460140507FRA Readopted filed 8/18/2021, 10:01 a.m.: 20210915-IR-460210198RFA