(a) An applicant or eligible individual who has initiated a proceeding under this subchapter, may request, or may request through the individual's authorized representative, mediation to resolve the dispute. The Agency, with the consent of the applicant, eligible individual, or the authorized representative, as appropriate, may also originate the request for mediation.
(b) Mediation is voluntary on the part of the parties. At any point during the mediation process, either party or the mediator may elect to terminate the mediation. In the event that mediation is terminated, either party may pursue resolution through an impartial hearing. Mediation shall not be used to deny or delay the right of an individual to a hearing under this subchapter, or to deny any other right afforded by the Act. Mediation shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The Agency shall bear all costs related to the mediation process, consistent with this subchapter.
(d) The request for mediation shall be filed in writing with the hearings coordinator within the Agency's Office of General Counsel. On receiving a request for mediation from the parties, the hearings coordinator shall randomly select an individual from a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of VR services, ILS-OIB, or the Business Enterprises of Texas program, whichever may apply to the dispute.
(e) Sessions in the mediation process shall be coordinated by the mediator in a timely manner at a location convenient to both parties in the dispute. Parties shall be provided an opportunity to submit evidence and other information that supports their positions.
(f) All discussions that occur during the mediation sessions are confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding. The mediator may require the parties to sign a confidentiality pledge before the start of the mediation process.
(g) Any agreement reached through the mediation process shall be documented in a written mediation agreement and signed by the parties to the dispute. Copies shall be provided to both parties. The agreement then becomes a part of the customer record.

Source Note: The provisions of this §850.65 adopted to be effective May 13, 2019, 44 TexReg 2364