223

MEDIATION PROCESS FOR BLIND VENDORS AND RSVFP TRAINEES RECEIVING VOCATIONAL REHABILITATION SERVICES

223.1

The Administration provides vendors or RSVFP trainees the voluntary option to request mediation, a formal dispute resolution process mandated by 34 C.F.R. § 361.57. Mediation is available whenever there is a dispute about vocational rehabilitation services pursuant to the Rehabilitation Act of 1973, and 34 C.F.R. § 395.11. Mediation is facilitated by an impartial qualified mediator and relies upon the good faith efforts of all interested parties to communicate in a productive manner to reach a collaborative agreement as to how the dispute should be resolved.

223.2

Mediation does not involve findings of facts or the weighing of evidence, similar to a formal, impartial due process hearing. Mediation is a voluntary process and does not affect the vendor's/RSVFP trainee's right to request an impartial due process hearing. In the event mediation is concluded without a resolution, detailed in a written mediation agreement, either party may pursue resolution through an impartial due process hearing.

SOURCE: Final Rulemaking published at 35 DCR 8538 (December 9, 1988); as amended by Final Rulemaking published at 57 DCR 4612, 4625 (May 28, 2010).