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Categorized In: Case Services - General Client Services Policies

Approved Date: December 21, 2018

Owner: Jerry Bryan

Mediation. Mediation is an option available to clients to resolve disputes involving any VR determination. Both parties must agree to pursue mediation. When a client disagrees with a final determination or requests an impartial due process hearing he/she will be advised of the availability of mediation. However, mediation may not be used to deny or delay the right of a client to a hearing.

  • If a VR client receives an Office Director Letter informing him or her of a VR determination the client must exercise his/her rights within 30 days of the receipt of the letter. Otherwise, the right to appeal, seek assistance from CAP, and/or mediate the VR determination is forfeited.
  • If an Office Director Letter has not been issued, there is no time limitation within which an active client must request mediation.
  • The VR specialist will generally be the VR participant in the mediation. An office director, and/or program director will be present for the mediation for the purpose of providing consultation to the VR specialist on any mediation agreement.
  • Specialist makes a determination and fully informs the client.
  • Summarize in a Task Note the client’s expresses dissatisfaction with a determination or the determination is ineligible or no longer eligible and notify Office Director
  • Office Director reviews case, fully consults with the client and makes final determination
    • If Office Director made original determination or was involved in the making of the original determination, review and final determination should be conducted by another Office Director
  • If client is dissatisfied with final determination, send the Office Director Letter to the client.
  • If final determination involves an ineligible or no longer eligible decision, the case shall remain open during the 30 day calendar appeal process available to the client.
  1. Request Mediation
    • Contact the Regional Mediation Center serving the client’s county of residence to request mediation of any decision about vocational rehabilitation services. The request can be made by the client, VR and the client, or CAP and the client.
      • The client alone can make a request for mediation directly to a Regional Mediation Center. VR or the Client Assistance Program can provide the client with the ‘What is Mediation?’ brochure which contains a list of mediation centers or the Nebraska Mediation Centers. If a client requests mediation or information on mediation, the specialist should offer the client the services of the Client Assistance Program and the opportunity to make a joint referral for mediation with VR, but only if VR is willing to participate in the mediation.
      • VR and the client make a joint request for mediation by completing the VR Mediation Referral Form. This form requires the signature of the client, the VR Specialist and Office Director approval. Send referral form to the Regional Mediation Center serving the client’s county of residence.
      • CAP and the client may make a joint request for mediation only after CAP has discussed the situation with VR and VR has agreed to participate in mediation.
  2. Review the Mediation Services Agreement
  3. Contract with the Nebraska Mediation Centers.
    • Contact Cathy Callaway to prepare a Letter Contract with the Nebraska Mediation Center that serves the individual’s geographic location. Do not issue any case service authorizations. The Mediation Center must sign the Letter Contract before beginning the Mediation Service.
  4. Conduct Mediation
    • The Regional Mediation Center will conduct the mediation in the following manner.
      • Determines whether the mediation is voluntary on the part of all parties. The receipt of a VR Mediation Referral Form or a CAP referral for mediation is an indication that VR is agreeing to participate in mediation.
      • Schedules each session in the mediation process in a timely manner and at a convenient location for all parties.
      • Stipulates to all parties the confidential nature of the mediation and that the mediation discussions may not be used as evidence in any subsequent due process or civil proceeding.
      • Conducts the mediation.
      • Prepares a written mediation agreement if the parties reach agreement to the dispute, or a report if no agreement is reached.
      • Invoices VR for the cost of the mediation. All invoices and reports are sent to the VR State Office, c/o Cathy Callaway who will process the invoice and forward the mediation agreement or report to the local VR specialist to file in the client’s case record.
  5. Comply with Written Mediation Agreement
    • Amend, or clarify an existing IPE as appropriate to the written mediation agreement.

Approved Date
December 21, 2018 Show this Archived Version

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