HAR §11-140-9. Mediation

(a) Mediation is available to allow parties to resolve disputes regarding eligibility, evaluation, placement, or provision of early intervention services prior to the filing of an administrative complaint or due process hearing request. (b) A parent seeking mediation shall submit the mediation request in writing to the department and shall identify any area(s) of concern and the facts relating to the concern(s). (c) The department shall provide a mediation process that is: (1) Voluntary on the part of the parties; (2) Not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded to the parent; and (3) Conducted by a qualified and impartial mediator who is trained in effective mediation techniques. (d) The department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of early intervention services and must select mediators on a random, rotational, or other impartial basis. (e) The department shall bear all costs of the mediation process, including the cost of meetings described in subsection (f). (f) Each meeting in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in the dispute. (g) If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and that states that all discussions that occurred during the mediation process will remain confidential and may not be used in any subsequent due process hearing or civil proceeding. The mediation agreement shall be signed by both the parent and a representative of the department who has authority to sign the agreement. 140-24 §11-140-10 (h) A written, signed mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States. (i) The department may establish procedures to offer to parents who choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who: (1) Is under contract with a parent training and information center or community parent resource center in the State or an appropriate alternative dispute resolution entity; and (2) Would explain the benefits of the mediation process and encourage the parents to use the process. [Eff SEP 2 0 2013 ] (Auth: HRS §321-354) (Imp: HRS §321-352; 34 C.F.R. §303.431)