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Mediation Process |
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The mediation process must be completed within 60 days from the date that the respondent's response is received by the director of certification. Should extreme circumstances exist, an extension may be requested by either party to the Grievance Committee.
The director of certification will be responsible for choosing a mediator from a neutral third party organization that is approved by the Certification Advisory Board.
Should an interpreter/transliterator be required in order to facilitate communication access for either party, the director of certification will be responsible to procure one from a neutral third party organization.
The Mediation Meeting
The mediation meeting will include only the complainant(s), respondent(s), and mediator. The meeting will open with the mediator explaining the rules for the mediation process to ensure that both parties understand the process. All participants shall sign an agreement called the Mediation Participation Agreement in order to proceed with mediation services.
The mediation meeting shall then proceed until either a satisfactory resolution is achieved, or the three parties agree that mediation can not resolve the conflict and the matter must be sent to a formal Grievance Committee hearing.
Resolution Through Mediation
When both parties agree on a solution to the complaint, the mediator shall draft a Mediation Resolution Agreement for all to sign. If the solution includes some action to be taken by the respondent, a deadline for completing the action shall be specified.
Copies of the signed agreement shall be given to both parties, and a copy will be mailed to the director of certification. The director of certification shall monitor whether the action(s) are completed on time. If so, the case shall be considered successfully mediated and closed, with the mediator being notified of the termination of mediation.
If the actions(s) are not completed on time, the director of certification shall send a letter to both parties indicating that if evidence of completion of the action(s) is not received at the DSDHH within ten (10) working days, the original complaint and response will be automatically sent to the Grievance Committee for action.
In each Mediation Resolution Agreement, the parties shall specify that they agree to complete a follow-up survey. The survey will be sent by the director of certification. The purpose of the survey is to determine the parties' satisfaction with the mediation process and determine if there are suggestions that would improve the mediation process.
Unresolved Mediation
When the parties cannot agree on a solution to the complaint, the mediator shall notify the director of certification, who shall automatically refer the case to the Grievance Committee. The Grievance Committee will, within two weeks of receipt of the complaint, proceed to schedule a formal hearing date and inform all parties.
Mediation Records
Mediators may take notes during the mediation process to assist in facilitating the process. These notes shall be destroyed by the mediator after receiving notification from the director of certification that mediation has been terminated, whether the case is satisfactorily resolved or sent to a formal hearing.
Successful Mediation Records
When a case has been successfully mediated, all materials related to the case except the Mediation Participation Agreement and the Mediation Resolution Agreement shall be destroyed and the permanent, confidential log maintained by the director of certification shall specify: (1) the names of the complainant and respondent, (2) the date of the incident, and (3) the resolution of the complaint as successfully mediated.
Unsuccessful Mediation Records
When a case is unsuccessfully mediated, the original complaint and response will be forwarded by the director of certification to the Grievance Committee. The committee shall be informed that mediation was unsuccessful. Any other materials related to the mediation shall be returned to the director of certification and destroyed. The permanent, confidential log shall specify the same information as above except that the complaint resolution was unsuccessfully mediated and referred to the Grievance Committee.
Records of Successful Mediation, Action Not Complete
When a case is successfully mediated but the respondent does not complete the agreed upon action(s), the original complaint and response will be forwarded by the director of certification to the Grievance Committee. The committee shall be informed that the mediation was successful but the respondent did not complete agreed upon action(s).
Mediation materials shall be returned to the director of certification and destroyed. The permanent, confidential log shall specify the same information as above except that the complaint resolution was successfully mediated, however respondent's action(s) were not completed and the complaint is referred to the Grievance Committee. The Grievance Committee will, within two weeks of receipt of complaint, proceed to schedule a formal hearing date and inform all parties.
Records of Withdrawn Case
When a case is withdrawn, all materials related to the case shall be destroyed and the permanent, confidential log shall specify the same information as above except to specify that the case was withdrawn.
The Mediation Participation Agreement and the Mediation Resolution Agreement shall be kept by the director of certification in the individual mediator's confidential file for the sole purpose of tracking the mediator's case resolution effectiveness. These documents shall not be forwarded to any committees in the grievance system.
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