R993-100-103. Mediation

  (1) At any point during or after the review process as provided in R993-100-102 an applicant/client may request mediation. A request for mediation does not waive his or her rights to an impartial hearing. The request for mediation must be made within 30 days of the date of the last decision made, whether by the VR, the supervisor, or the Field Service Director. A request for mediation must be made prior to the beginning of an impartial hearing by an Administrative Law Judge. A request for mediation must be in writing, filed with the Division Director, and:

  (a) be prepared by the applicant/client or his or her designated representative;

  (b) include the name and address of the individual requesting the review;

  (c) include the name of the VR counselor or supervisor whose decision is to be reviewed;

  (d) describe the decision or decisions to be reviewed in sufficient detail to inform the USOR of the nature and consequences of the decision;

  (e) describe the action or resolution desired; and

  (f) be signed and dated by the applicant /client or his or her representative.

  (2) The mediation cannot be used to delay the right of the applicant/client to an impartial hearing and must be conducted by a qualified and impartial mediator in the Adjudication and Appeals Division of the Department of Workforce Services.

  (3) Mediation sessions will be scheduled in a timely manner and will be held by telephone unless the applicant/client requests and needs accommodation for an in-person hearing. In-person hearings will be held at the Adjudication and Appeals Division offices in Salt Lake City.

  (4) Any discussions that occur during the mediation process are considered confidential and may not be used in any subsequent hearing or civil proceeding.

  (5) Either party or the mediator may elect to terminate the mediation at any time. Notice of the termination will be sent to all parties. In the event mediation is terminated, either party may pursue resolution through an impartial hearing.

  (6) Nothing in the mediation process precludes the parties from informally resolving the dispute prior to completion of the process.

  (7) The mediation agreement will be reduced to writing. If an agreement cannot be reached, the mediator will summarize the proceedings in writing.

  (8) The director may review the request for mediation and if he or she deems it appropriate to deny the request for mediation under 34 CFR 361.57 the parties will be notified in writing of the denial with instructions on how to proceed to an impartial hearing.