Family Rights: Mediation

Mediation cannot be used to deny or delay your right to a due process hearing or any other rights. You can request mediation alone when filing a complaint or simultaneously with a request for a due process hearing and may refuse or withdraw from the mediation process at any time.

A request for mediation shall be in writing, signed and dated by you or, with your consent, your representative. If you wish to file a request for mediation, it is the responsibility of the service coordinator and/or the local EI program to assist you in your native language or other mode of communication to the maximum extent possible, to prepare the request in written form. If your primary mode of communication is sign language or Braille, the request can be made utilizing your primary mode of communication.

If any party other than you requests mediation on your behalf, it may only be initiated with your consent. Once your written consent has been obtained to engage in mediation, evidence of that written consent will be attached to the request for mediation. The local EI program, EI evaluation entity, or EI service provider’s request that you agree to participate in mediation will be made in writing in your native language, to the maximum extent possible, and in a manner understandable to you.

The mediation process, including a written mediation agreement, will be completed within thirty (30) calendar days of the receipt of the request for mediation unless the mediation was requested at the same time as a due process hearing or complaint investigation. In that case, the mediation must be completed within fifteen (15) calendar days to ensure enough time for completion of the due process proceeding or complaint investigation by the EI Colorado Program at the CDEC.

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 (parent and local EI program, EI evaluation entity, or EI service provider) to the dispute.

If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth the resolution of the dispute and:

• States that all discussions that occurred during the mediation process shall remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

• Is signed by both the parent and a representative of the EI Colorado Program at the CDEC who has the authority to bind the agency to what has been agreed upon.

• A written, signed mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.

The EI Colorado Program at the CDEC must bear the cost of the mediation process, including the costs of meetings or sessions described above.