32 Miss. Code. R. 10-4-4.2

Current through December 10, 2024

Section 32-10-4-4.2 - MEDIATION [34]

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.

32 Miss. Code. R. 10-4-4.2

Adopted 8/1/2022