N.J. Admin. Code § 8:17-13.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:17-13.5 - Mediator responsibilities in mediation proceeding

(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.

(b) When the mediator determines that a negotiated resolution of the issues being mediated is not possible, the mediator shall notify the Procedural Safeguards Office in writing that the parties were unable to reach agreement.

N.J. Admin. Code § 8:17-13.5