(a) All requests for mediation of a dispute between an individual and the Department relating to the application for or receipt of Vocational Rehabilitation services shall:

(b) The Department of Rehabilitation, Legal Affairs will contact the parties involved in the dispute to verify that all parties agree to mediation and to schedule the mediation. The District Administrator or his or her designee with authority to resolve the dispute shall attend the mediation on the Department's behalf. The mediation shall be held within 25 calendar days of the Department of Rehabilitation, Legal Affairs' receipt of the request for mediation, unless the parties agree to a later date. Requesting mediation shall not delay the scheduling of a Fair Hearing, unless all parties agree to the continuation of the Fair Hearing.

(c) Mediations shall be scheduled at a time and place convenient for all parties. The individual has a right to be represented at the mediation. Interpreter and reader services shall be provided for the mediation upon request for clients who are non-English-speaking, deaf, hearing impaired, speech impaired, blind, or visually impaired. The Department may authorize transportation and attendant services for the mediation upon request for those who require such help and are unable to secure assistance through other sources.

(d) Discussions that occur during the mediation process are confidential and may not be disclosed to anyone outside the mediation process or used as evidence in any subsequent due process hearings or civil proceedings. The mediator may require the parties to the mediation process to sign a confidentiality pledge prior to the commencement of the process. The parties have a right to submit evidence and information to support their positions at the mediation. Evidence that is otherwise available outside of mediation is not inadmissible in a subsequent proceeding or protected from disclosure solely by reason of its introduction or use in mediation.

(e) An agreement reached by the parties to the dispute in the mediation process must be described in a written mediation agreement that is issued by the impartial and qualified mediator and signed by all parties. Copies of the agreement must be given to all parties and placed in the case record.