R 395.87 Mediation.

Rule 37. (1) Mediation is a voluntary process conducted by a qualified and impartial mediator. At any point during the mediation process, either party, or the mediator, may elect to terminate the mediation. (2) An individual may request mediation after his or her request for a hearing is received. (3) MRS shall send the request for mediation to the hearings coordinator. The hearings coordinator will assign, on a random basis, a qualified impartial mediator. The hearings coordinator must schedule mediation in a timely manner. (4) Mediation will be held in a location that is convenient to the parties in the dispute. (5) An individual appealing MRS decisions has the right to submit evidence or relevant information and present witnesses to support his or her position at mediation. (6) An agreement reached in the mediation process shall be set forth in a written mediation agreement and must be signed by both parties. (7) Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. (8) Either party may enter the written signed mediation agreement as evidence in a subsequent hearing or civil proceeding. (9) The individual may be represented at the mediation or hearing, including but not limited to, representation by the CAP. (10) The mediation process may not be used to deny or delay the individual’s right to pursue a hearing within the specified time period.