4.8 Mediation of Disputes

An applicant or recipient may seek mediation by a qualified impartial mediator as a means to resolve a dispute with DVR. Participation in mediation requested by the individual is voluntary on the part of DVR. The request for mediation shall be submitted, in writing, to the DVR Administration Office and directed to the Assistant Director of Field Services, at any time during the review process and no later than the 60th day from the date the formal hearing is requested. The written request shall identify the decision or action by the DVR staff that is being disputed, why it is being disputed, and what solution is requested.

The Director of DVR or designee shall determine whether DVR will participate in mediation and shall notify the individual in writing of the reason for this decision within five working days of the request. If DVR will participate in mediation, DVR shall notify the applicant or recipient of the name of the mediator, selected at random from a list of qualified mediators maintained by DVR, and information concerning the mediator’s qualifications within 10 working days of receipt of the request. DVR shall participate in mediation unless:

● DVR believes that it is not possible to resolve the dispute without placing DVR in clear violation of state or federal law, rules, policy, or the approved Vocational Rehabilitation Services Portion of the Colorado Combined State Plan.

● DVR believes based on documented evidence from previous experience with the individual concerning the issue under dispute that a mediated outcome is not possible.

● The individual has committed acts of violence, has threatened acts of violence, or has engaged in other forms of harassment against a DVR staff member or office, or any other individuals involved in the provision of vocational rehabilitation services.

● The individual has failed to fulfill their responsibilities under a previous mediation agreement with DVR concerning the issue under dispute. DVR shall not participate in an informal review and mediation with the same individual concerning the same issue at the same time.

DVR may seek mediation by a qualified impartial mediator as a means to resolve a dispute with a recipient before the individual requests an informal review or a formal appeal. Participation in mediation suggested by DVR is voluntary on the part of the recipient. The individual must agree to the process of mediation prior to the mediation request being submitted.

The individual may bring an authorized representative to assist them during the mediation process, when desired. The Assistant Director of Field Services or designee shall determine who will represent DVR during the mediation process.

● Mediation shall be conducted in a timely manner and no later than the 60th day from the date the formal hearing is requested, unless both parties agree additional time is necessary for good cause. 

● Mediation shall commence within 21 days of the request for mediation and shall be completed within one calendar month of the initial request unless both parties and the impartial mediator agree that additional time is necessary for good cause.

● Mediation shall be limited to a maximum of six hours of mediation session(s) unless both parties and the impartial mediator agree that additional hours are necessary for good cause.

If mediation is successful, the agreement reached by both parties shall be set forth in a written mediation agreement, drafted by the impartial mediator and provided to both parties within seven calendar days of the final mediation session.

Each party shall sign the agreement, which indicates agreement with its terms and a commitment to fulfill their respective responsibilities under the agreement. If agreement on all issues is reached, the parties shall withdraw any pending informal review or formal appeal request.

DVR shall not agree to any provision which it believes is contrary to state and federal law, rules, policy, or the approved Vocational Rehabilitation Services Portion of the Colorado Combined State Plan.

Failure of the applicant or recipient of services to honor their commitment under the terms of the mediation agreement shall void the mediation agreement and may result in the implementation of DVR's original position on the issue in review, including closure of the service record when the issue under review involves case closure. 

If mediation is not successful, the applicant or recipient of services may proceed with an informal review or request a formal appeal of the issue under dispute. DVR shall not participate in further mediation on this issue.

All discussions that occur during mediation shall be kept confidential and may not be used as evidence during any subsequent review, due process, or civil procedure.