OAR 581-015-2335: Mediation

(1) The Department offers mediation at no cost to the parties to resolve special education disputes, including matters arising before the filing of a complaint or hearing request. (2) Mediation: (a) Must be voluntary on the part of the parties; (b) Must not be used to deny or delay a parent's right to a due process hearing under OAR 581-015-2345, a complaint under 581-015-2030 or other procedural safeguards; and (c) Must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. (3) The Department maintains a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. The parties to mediation participate in the selection of the mediator. Mediators are selected from the list on a random, rotational, or other impartial basis. (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 legally binding written mediation agreement. The written agreement must: (a) State the terms of the agreement; (b) State that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and (c) Be signed by the parent and a representative of the school district who has the authority to bind the district. (6) The mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States. (7) Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. (8) Not withstanding subsection (6), a mediation communication is not confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure. (9) An individual who serves as a mediator: (a) May not be an employee of: (A) Any school district; (B) The Department of Corrections; (C) The Department of Education; and (b) Must not have a personal or professional interest that conflicts with the person’s objectivity. (10) A person who otherwise qualifies as a mediator is not an employee under subsection (9)(a) of this rule solely because he or she is paid by the Department to serve as a mediator. (11) The Department may request parents who are reluctant to use the mediation process to meet with a neutral party who would explain the benefits of the mediation process and encourage the parents to use the process. This meeting shall occur at a time and location convenient to the parents and at no cost to the parents. The Department or school district may not deny or delay a parent's right to a due process hearing if the parent fails to participate in this meeting. Stat.: Auth.: ORS 343.055, 343.155