281—56.31 (259) Mediation. Regardless of whether a supervisor review is requested, an appellant may request resolution of the dispute through the mediation process. Mediation is also available if the appellant is dissatisfied with the supervisor’s decision. If mediation is requested by the appellant and agreed to by the division, the following steps shall be observed:
	 56.31(1) Mediation shall be conducted by a qualified and impartial mediator, as defined in 34 CFR 361.5(43), trained in effective mediation techniques and selected randomly by the division from a list maintained by the division.
	 56.31(2) The mediation shall be conducted in a timely manner at a location convenient to the parties.
	 56.31(3) Mediation shall not be used to delay the appellant’s right to a hearing.
	 56.31(4) Mediation must be voluntary on the part of the appellant and the division.
	 56.31(5) Mediation is at no cost to the appellant.
	 56.31(6) All discussions and other communications that occur during the mediation process are confidential. Any offers of settlement made by either party during the mediation process are inadmissible if further appeal is sought by the appellant.
	 56.31(7) Existing division services provided to an appellant shall not be suspended, reduced, or terminated pending decision of the mediator, unless so requested by the appellant.