New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.5 - Mediator responsibilities in mediation proceeding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The mediator:
1. Shall conduct the mediation proceeding in an
				efficient, objective, and timely fashion;
2. Shall maintain the confidentiality of all
				personally identifiable information, as required by law;
3. Prior to the initiation of the mediation
				proceedings, shall inform all parties of:
i. The
				parent's right at any time to withdraw from mediation and initiate an impartial due
				process hearing;
ii. The fact that
				resolutions that involve monetary reimbursement to the parent must be consistent
				with the current provider agency letter of agreement and may become the
				responsibility of the provider agency; and
iii. The confidential nature of all information
				related to the request for mediation and mediation proceedings;
4. Shall conduct the proceedings fairly and
				impartially, and shall not be bound by formal rules of evidence or
				proceeding;
5. During the mediation
				proceeding, shall:
i. Explain his or her role as a
				facilitator to assist parents and other parties to reach agreement;
ii. Inform all parties of the confidential nature
				of all information related to the mediation;
iii. Inform all parties that discussions held
				during the mediation cannot be used as evidence in any subsequent impartial due
				process hearing or civil action;
iv.
				Allow each party to present their point of view concerning the
				disagreement;
v. Engage in focused
				discussion and problem-solving with all parties; and
vi. Work with all parties to develop the positive
				rapport, respect and trust needed to work in a collaborative process on behalf of
				the child;
6. During the
				mediation proceeding, may:
i. Ask questions of any
				and all parties;
ii. Restate each
				party's position in an attempt to clarify the underlying issues;
iii. Caucus with each party privately, which
				discussions shall be kept confidential from the other party unless the mediator
				receives permission to reveal the contents of the caucus discussion;
iv. Identify areas of agreement, and narrow areas
				of disagreement; and
v. Suggest
				compromises based on their knowledge of the law, facts, "best practice," and
				positions of the parties;
7.
				Complete the mediation process, including issuance of a written mediation agreement,
				within 30 calendar days of the receipt of the request for mediation unless the
				mediation was requested as a part of a impartial due process hearing or complaint
				investigation, in which case, the mediator shall complete the mediation process
				within 15 calendar days of the receipt of the request for mediation, to ensure
				adequate time for completion of the due process proceeding or complaint
				investigation;
8. When mediation has
				resulted in successful negotiation of a partial or full agreement on areas in
				dispute between the parties, shall document the terms of the negotiated agreement in
				writing and obtain the signatures of all parties on the written agreement before the
				mediation is adjourned;
i. The written agreement
				shall be clear, as concise as possible, and specific with regard to agreements
				reached and responsibility for implementation of agreement;
ii. Whenever possible, the mediator shall provide
				the written agreement in the primary language or mode of the communication of the
				parent, and if the mediator cannot fulfill this responsibility, the Procedural
				Safeguards Office shall ensure the translation of the written agreement, to the
				maximum extent possible; and
9. Shall transmit a copy of a negotiated written
				agreement to the Procedural Safeguards Office.