Section 210-RICR-30-15-1.15 - MediationA. When filing a written complaint or a request for a due process hearing, families must be offered mediation as a formal method for resolving any dispute. Parents will be notified of mediation procedures in writing, initially and annually from the EI provider. Parents also receive written notice of all rights available to them whenever prior written notice is given.B. The EOHHS will offer mediation to the parent as a first step in resolving a disagreement when the parent(s) file: 2. A request for a due process hearing.C. Mediation is voluntary on the part of all parties. The EOHHS identifies individual mediators to provide EI mediation services. EOHHS maintains a list of qualified and impartial mediators who are required to undergo training in effective mediation techniques and are knowledgeable in laws, regulations, policies and procedures related to the provision of EI services.D. Mediation cannot be used to deny or delay the parent's right to a due process hearing or any other rights.E. The parent may refuse or withdraw from the mediation process at any time.F. The mediation process, including a written mediation agreement, must be completed to ensure enough time for completion of a due process hearing or complaint investigation by the lead agency, unless an extension of time has been granted by the EOHHS in the case of a written complaint or the hearing officer in the case of a due process hearing.G. Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties (parent and EI service provider) to the dispute. The lead agency must bear the cost of the mediation process, including the costs of meetings or sessions described above.H. If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth the resolution of the dispute and:I. States that all discussions that occurred during the mediation process shall remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; andJ. Is signed by both the parent and a representative of the lead agency to bind the agency to what has been agreed upon;K. A written, signed mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.210 R.I. Code R. 210-RICR-30-15-1.15