Oregon Administrative Rules
Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES
Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES
Section 582-020-0045 - Mediation

(a) The Program shall select mediators who are listed on the Oregon State Alternative Dispute Resolution (ADR) Provider Roster of the State of Oregon Department of Justice, who have indicated an interest or expertise in disability-related issues, and who meet the requirements of a qualified and impartial mediator.

(b) Upon receipt of a timely request for mediation from the client, the Program shall contact, on a rotating basis, a mediator who is geographically near the Program office of the client. If that mediator is not available within two weeks, the Program shall contact other mediators using this same identification process until one is identified who can provide timely services. If no mediator is mutually selected from the pool of mediators geographically near the Program office of the client, the Program shall contact, on a rotating basis, mediators from a wider geographic range.

(c) Each party shall be given the opportunity to agree to or reject an identified mediator prior to the beginning of mediation services.

(a) Prior to the beginning of the first mediation session, the parties shall sign the Program-approved "Agreement to Mediate" form.

(b) The mediation shall occur between the Program counselor or assigned Program employee and the client. The parties may have a representative assist them in the mediation. The inclusion or participation of any other individuals for either side shall be at the discretion of the mediator, unless otherwise prohibited by law.

(a) At any point during the mediation process, either party or the mediator may elect to terminate the mediation.

(b) A successful mediation shall be concluded with a final written mediation agreement prepared by the mediator. The parties must agree to and sign the agreement in order for it to be effective in resolving the case. The parties shall be given a copy of the signed agreement.

(c) If an agreement is not reached, the Program shall provide the client with written notice that the mediation process has ended and advise the client of their right to request an impartial due hearing process within the timeframes specified in OAR 582-020-0035, if a hearing request is not already pending.

(a) All mediation communications, including discussions, memorandum, work product, draft mediation agreements, or any other documents prepared for, submitted, or made in the course of mediation, shall be confidential and may not be used as evidence in any subsequent impartial due process hearing or other civil proceeding, unless otherwise required by law.

(b) A written mediation agreement that arises out of mediation, including any term or condition of the agreement, is not confidential and may be used as evidence in any subsequent impartial due hearing process or other legal proceeding.

(c) Notwithstanding any other provision of these rules, the mediator, the Program, and the client may retain any mediation documentation to the extent it is necessary for administrative or payment purposes, or to comply with applicable laws, including but not limited to the Public Records law.