34 C.F.R. § 370.43

What requirement applies to the use of mediation procedures?

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(a) Each designated agency shall implement procedures designed to ensure that, to the maximum extent possible, good faith negotiations and mediation procedures are used before resorting to formal administrative or legal remedies. In designing these procedures, the designated agency may take into account its level of resources.

(b) For purposes of this section, mediation may involve the use of professional mediators, other independent third parties mutually agreed to by the parties to the dispute, or an employee of the designated agency who—

(1) Is not assigned to advocate for or otherwise represent or is not involved with advocating for or otherwise representing the client or client-applicant who is a party to the mediation; and

(2) Has not previously advocated for or otherwise represented or been involved with advocating for or otherwise representing that same client or client-applicant.

(Authority: Section 112(g)(3) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 732(g)(3))

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: Williams v. Dep't of Human Servs. Div. of Rehab. Servs., 2019 IL App (1st) 181517 (Ill. App. Ct. 2020).

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Williams v. Dep't of Human Servs. Div. of Rehab. Servs., 2019 IL App (1st) 181517 (Ill. App. Ct. 2020). “”); 34 C.F.R. § 370.43 (a) (2016) (federal regulation regarding CAP, stating, “Each designated agency shall implement procedures designed to ensure that, to the maximum extent possible, good faith negotiations and mediation procedures are used before resorting to formal…”

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