Current through all regulations passed and filed through September 16, 2024
(A) The purpose of this rule shall be to
establish mediation procedures for boards of alcohol, drug addiction, and
mental health services (boards) and community addiction, gambling
addiction, or community mental health services providers (service providers)
contracted by
those
boards.
(B) The provisions of this
rule shall be applicable to the department of
mental health and addiction services, boards and
service providers.
(C) The provisions of this rule shall be
liberally construed to promote resolution of disputes between
boards and
service providers.
(D) Request for mediation
(1) If either a board or
a service
provider with which it contracts for services, programs, or facilities proposes not to renew the
contract or proposes substantial changes in contract terms, the other party
shall be given written notice at least one hundred twenty days before the
expiration date of the contract.
(2) The party given such notice may request
advisory mediation within sixty days before the expiration date
of the contract.
(3) Request
for mediation shall be in writing addressed to the "Office of Legal and Regulatory
Services, Department of Mental Health and
Addiction Services, 30 E. Broad Street, Columbus, Ohio 43215."
(4) Requests shall include a copy of the
contract or agreement between the parties and a brief statement of issues in
dispute.
(5) The
office of
legal regulatory services shall contact the other party to the dispute
within seven calendar days of receipt of the request to determine whether that
party agrees to mediate the dispute.
(6) Should one party not agree to mediation,
the
office of
legal and regulatory services shall notify both parties accordingly. No
further procedures are then required by this rule.
(E) Selection of a mediator
After the requirements of paragraph (D) of this rule have been
satisfied, the parties will attempt to select an impartial mediator by mutual
agreement. In the event the parties cannot reach such an agreement, by joint
letter they will request the office of legal and regulatory services to submit a
panel of not more than five names of persons considered qualified to mediate
disputes by the office. Representatives of the parties shall strike
names from the panel alternately until one name remains. That person shall
serve as mediator.
(F) Function of mediator
(1) The sole function of the mediator shall
be advisory in nature.
(2) The
mediator shall have the authority to:
(a)
Request documents or other material from either party in order to mediate the
dispute;
(b) Submit written
questions to either party;
(c)
Conduct joint meeting between the parties;
(d) Make written recommendations to the
parties for resolution of the dispute;
(e) Establish timelines for resolution of the
dispute.
(G)
Joint meeting
(1) The mediator shall arrange a
meeting between the parties for the purpose of receiving arguments and written
material concerning each party's position.
(2) Each party shall designate one
representative, authorized to represent the party pending ratification by the
appropriate board, to the meeting. The parties may send other personnel to the
meeting in addition to the representative.
(3) Each party shall present arguments on the
merits of their position and submit written material or exhibits relevant to a
resolution of the dispute at the meeting, provided that the mediator may
require presentation of written material to the other party and the mediator,
prior to the meeting.
(4) The
mediator shall preside at the meeting and at his discretion:
(a) Limit the length of each party's oral
presentation;
(b) Limit the amount
of written material or exhibits submitted by a party at a meeting;
(c) Decide whether material submitted is
relevant to the issues in dispute and exclude material that is not relevant or
cumulative;
(d) Provide for the
meeting to be recorded, by tape recorder or other means;
(e) Adopt other procedures to govern the
conduct of the meeting or necessary for equitable presentation of each party's
position.
(5) The "Ohio
Rules of Evidence" shall not apply to the proceeding between the parties at a
joint meeting.
(6) At the
conclusion of the joint meeting, the mediator shall set a date for issuance of
his written recommendations for resolution of the dispute.
(H) Recommendations:
(1) The mediator shall make written
recommendations for resolution of the dispute.
(2) A copy of the mediator's recommendations
shall be sent to the office of legal and
regulatory services and the parties.
(3) The mediator's recommendations shall not
be binding on either party.
(I) Time for completion of mediation
(1) The mediation shall be completed
and the written recommendations issued not later than
twenty days before the expiration date of the cotnract
, unless both parties agree to a time extension.
(2) An agreement to
extend the time for mediation must be in writing, signed by a representative of
both parties and contain a date for completion of the mediation.
(J) Mediation fees
(1) The fee, if any, of the mediator shall be
divided equally between the parties.
(2) Each party shall otherwise be responsible
for
their
own expenses arising from the utilization of the mediator.
Effective:
4/16/2018
Five Year Review (FYR) Dates:
1/30/2018 and
04/16/2018
Promulgated
Under:
119.03
Statutory Authority:
5119.141
Rule Amplifies:
340.036
Prior Effective Dates: 05/01/1968,
11/15/1982
