Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-4-4 - Hearing And Mediation Procedures › Section 32-10-4-4.2 - MEDIATION [34]

Current through June 25, 2024
Should the Informal Dispute Resolution process fail to resolve disagreements involving agency determinations that affect the provision of VR services, accessible mediation may be used if both parties agree to this method. Participation in the mediation process is voluntary on the part of the individual and on the part of the agency. Use of the mediation process is not used to deny or delay an individual's right to pursue resolution of the dispute through an impartial hearing held within the required time period or any other rights provided under this policy.
OVR/OVRB shall maintain a list of qualified and impartial mediators from which one may be selected, on a random basis, to mediate the dispute. This process shall be at no cost to the individual.
1. Each mediator on the list shall have
				knowledge of effective mediation techniques.
2. Mediation sessions shall be scheduled and
				conducted in a timely manner and shall be held in a location that is convenient
				to the parties in the dispute.
3.
				The individual, as a party to the dispute, has full discretion to choose an
				attorney, a guardian, a family member, a friend, or other person to serve as
				his/her advocate during mediation or a hearing. 
				35
4. The parties to the mediation process shall
				sign a confidentiality pledge prior to the commencement of the mediation
				process. Discussions that occur during the mediation process are confidential
				and may not be used as evidence in any subsequent due process hearing or civil
				proceeding.
5. The agency will
				provide the individual or, as appropriate, his/her representative, an
				opportunity to submit during mediation sessions information that supports
				his/her position. 
				36
6. At any point during the mediation process,
				either party or the mediator may elect to terminate the mediation. In the event
				mediation is terminated, either party may pursue resolution through an
				impartial hearing.
7. OVR/OVRB
				shall bear the cost of the mediation process except for any costs related to
				the representation of the individual.
8. All agreements reached by the mediation
				process shall be set forth in a written mediation agreement developed by the
				parties with the assistance of the qualified and impartial mediator and signed
				by both parties. Copies of the agreement will be sent to both parties.
Mediator (Qualified and Impartial)
is an
				  individual who: 
				  37
* Is not an employee of a public agency (other than an
				  administrative law judge, hearing examiner, employee of a State office of
				  mediators, or employee of an institution of higher education);
* Is not a member of the OVR/OVRB State Rehabilitation
				  Council;
* Has not been involved previously in the vocational
				  rehabilitation of the applicant or eligible individual;
* Is knowledgeable of the vocational rehabilitation program
				  and the applicable Federal and State laws, regulations, and policies governing
				  the provision of vocational rehabilitation services;
* Has been trained in effective mediation techniques
				  consistent with any State-approved or -recognized certification, licensing,
				  registration, or other requirements; and
* Has no personal, professional, or financial interest that
				  would be in conflict with the objectivity of the individual during the
				  mediation proceedings.
An individual serving as a mediator is not considered to be
				  an employee of the agency for the purposes of this definition solely because
				  the individual is paid by the agency to serve as a mediator.