Section 500.145  Mediation

a)         Parties/Purpose

1)         Any party having a dispute involving the identification, evaluation, or placement of a child for early intervention services, or the provision of early intervention services, may request mediation regardless of whether a request for an impartial administrative proceeding has been or will be made.  The mediation request may occur prior to or simultaneously with a request for an administrative proceeding and is open to any and all parties (public agencies, private agencies, parents) having standing in the disputes.

2)         The purpose of a mediation process is to provide an alternative to the impartial administrative resolution as a way to resolve disagreements between parents and early intervention services personnel.  In virtually all cases, it is less costly and less adversarial than an administrative proceeding.  Neither party is asked to abandon its beliefs about the child's ability.  Rather, the parties are asked to consider alternatives that could be incorporated into the child's Individualized Family Service Plan and to be aware of the concerns and problems expressed by the other party.

b)         Requests for mediation must be made in writing to:

Chief

Bureau of Administrative Hearings

Department of Human Services

100 S. Grand Ave. East – 3^rd Floor

Springfield, Illinois 62762

with a copy sent to the regional intake entity serving the child and to:

Chief

Bureau of Early Intervention

Department of Human Services

222 South College, 2^nd Floor

Springfield, Illinois 62704-1958

c)         The written request shall include the name and address of the child and of the person requesting mediation, a description of the nature of the problem of the child, including the facts related to the problem, a proposed resolution to the problem, supporting relevant documentation of the facts, and the name and address of service providers.

d)         If a request for administrative resolution is made, mediation will be offered. Mediation may not be used to delay or deny the right to an administrative resolution or other rights under Part C.

e)         The mediation will be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and who is knowledgeable  in laws and regulations relating to early intervention services under Part C.  A mediator may not be an employee of an agency providing services to the child at issue nor of the Department, nor have a personal or professional conflict of interest.

f)          The mediation is offered at no cost to the parties.  It must be voluntary by all parties.

g)         The mediator shall assure that a mediation conference is convened and concluded in a timely fashion and in no event later than the administrative resolution of a complaint under Section 500.140 if one was requested.

h)         The mediator will contact the parties to set a mutually convenient date, time and location for the mediation conference, to answer any questions the parties may have regarding the process, and to request additional information from the parties.

i)          The role of the mediator is that of a neutral facilitator assisting parents and early intervention personnel to resolve their disagreement.  Although the mediator is in control of the session, he/she is not the decision maker and may not compel action by either party.  The mediator allows the parties to present their positions, establishes an understanding of the disagreement, determines points of agreement, and offers suggestions/proposals for resolution, attempting to help the parties achieve a mutual solution that is in the best interests of the child.  The mediator facilitates the process.  He or she summarizes positions and may help the parties consider possible alternatives.

j)          If agreement is reached by the parties, it shall be set forth in a written mediation agreement signed by authorized representatives of the parties to the dispute.  No record is kept of the discussions at the meeting.  The mediation agreement will record only the date of the mediation, the parties to the mediation and terms agreed upon.

k)         Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent administrative hearing or civil proceeding.  The parties will be asked to sign a confidentiality pledge prior to the commencement of the mediation.  Only the fact that mediation occurred and the terms of any mediation agreement reached are admissible in subsequent proceedings.

l)          Participants in the mediation conference should be limited to those necessary to resolution of the dispute and shall include persons authorized to act on behalf of the parties.  In determining participants, the parties and mediator should be guided by desire to achieve mutual non-adversarial problem solving with the child's interests and the interests of the EI Services System as the goal.

m)        The parties are expected to approach the mediation session in good faith and with the intention of attempting to reach an agreement.  It is important that all parties approach the session with a willingness to listen and to consider all aspects of the issues in the interests of the child and of the EI Services System.  They are active participants in the session and, if agreement is reached, develop the terms of the agreement with the assistance of the mediator.

n)         The mediation allows an uninterrupted opportunity for both parties to present their views in a non-adversarial setting.  It allows parents and early intervention program personnel to focus on their common concerns, rather than their differences.  Even if an agreement is not reached, there is the potential of both parties leaving the session with an enhanced perspective of the issues, and with a more positive working relationship.

o)         Regional intake entities, service coordinators and other participants in the EI Services System shall encourage resolution of disputes by mediation.

(Source:  Amended at 32 Ill. Reg. 2161, effective January 23, 2008)