Page:United States Statutes at Large Volume 112 Part 2.djvu/260

 112 STAT. 1144 PUBLIC LAW 105-220—AUG. 7, 1998 "(iii) upon reduction, suspension, or cessation of vocational rehabilitation services for the individual. "(3) EVIDENCE AND REPRESENTATION.—The procedures required under this subsection shall, at a minimum— "(A) provide an opportunity for an applicant or an eligible individual, or, as appropriate, the applicant's representative or individual's representative, to submit at the mediation session or hearing evidence and information to support the position of the applicant or eligible individual; and "(B) include provisions to allow an applicant or an eligible individual to be represented in the mediation session or hearing by a person selected by the applicant or eligible individual. "(4) MEDIATION.— "(A) PROCEDURES. —Each State shall ensure that procedures are established and implemented under this subsection to allow parties described in paragraph (1) to disputes involving any determination described in paragraph (1) to resolve such disputes through a mediation process that, at a minimum, shall be available whenever a hearing is requested under this subsection. "(B) REQUIREMENTS. —Such procedures shall ensure that the mediation process— "(i) is voluntary on the part of the parties; "(ii) is not used to deny or delay the right of an individual to a hearing under this subsection, or to deny any other right afforded under this title; and "(iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. "(C) LIST OF MEDIATORS.— The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under this title, from which the mediators described in subparagraph (B) shall be selected. "(D) COST. —The State shall bear the cost of the mediation process. "(E) SCHEDULING. — Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute. "(F) AGREEMENT.—An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement. "(G) CONFIDENTIALITY. — Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process. "(H) CONSTRUCTION. — Nothing in this subsection shall be construed to preclude the parties to such a dispute from informally resolving the dispute prior to proceedings under this paragraph or paragraph (5), if the informal process used is not used to deny or delay the right of

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