(a) General. Each State shall ensure that
procedures are established and implemented to allow parties to disputes
involving any matter described in Sec. 303.403(a) to resolve the disputes
through a mediation process which, at a minimum, must be available whenever a
hearing is requested under Sec. 303.420. The lead agency may either use the
mediation system established under Part B of the Act or establish its own
system.
(b) Requirements. The
procedures must meet the following requirements:
(1) The procedures must ensure that the
mediation process-
(i) Is voluntary on the
part of the parties;
(ii) Is not
used to deny or delay a parent's right to a due process hearing under Sec.
303.420, or to deny any other rights afforded under Part C of the Act;
and
(iii) Is conducted by a
qualified and impartial mediator who is trained in effective mediation
techniques.
(2) The
State shall maintain a list of individuals who are qualified mediators and
knowledgeable in laws and regulations relating to the provision of special
education and related services.
(3)
The State shall bear the cost of the mediation process, including the costs of
meetings described in paragraph (c) of this section.
(4) Each session in the mediation process
must be scheduled in a timely manner and must be held in a location that is
convenient to the parties to the dispute.
(5) An agreement reached by the parties to
the dispute in the mediation process must be set forth in a written mediation
agreement.
(6) Discussions that
occur during the mediation process must be confidential and may not be used as
evidence in any subsequent due process hearings or civil proceedings, and the
parties to the mediation process may be required to sign a confidentiality
pledge prior to the commencement of the process.
(c) Meeting to encourage mediation. A State
may establish procedures to require parents who elect not to use the mediation
process to meet, at a time and location convenient to the parents, with a
disinterested party--
(1) Who is under
contract with a parent training and information center or community parent
resource center in the State established under sections 682 or 683 of the Act,
or an appropriate alternative dispute resolution entity; and
(2) Who would explain the benefits of the
mediation process and encourage the parents to use the process.
