DHS 90.12(4)(f)6.6. If the information is not finally amended or deleted as requested, the administrative agency shall inform the parent of the parent’s right to request the county administrative agency or service provider to include in the record a statement prepared by the parent commenting on the information in question and giving the parent’s reasons for disagreeing with the decision not to amend or delete the information. The county administrative agency or service provider shall then maintain that statement as part of the record and shall disclose it with the contested information whenever that information is disclosed.

DHS 90.12(5)(a)1.1. “Dispute” means any disagreement between parties concerning a county administrative agency’s proposal or refusal to initiate or change the evaluation process or eligibility determination of the child or to provide appropriate early intervention services for the child and the child’s family. “Dispute” includes a disagreement in which any other process, including a hearing under sub. (6) or litigation, has been requested or commenced.

DHS 90.12(5)(a)2.2. “Mediation” means a dispute resolution process in which a neutral third person, who has no power to impose a decision if the parties do not agree to settle the case, helps the parties reach an agreement by focusing on the key issues in the dispute, exchanging information between the parties and exploring options for settlement.

DHS 90.12(5)(a)3.3. “Party” means the parent of a child who is the subject of a dispute or the county administrative agency that is responsible for providing early intervention services to the child.

DHS 90.12(5)(b)1.1. A party may request the department to arrange for mediation of a dispute at any time. The request shall be in writing, shall briefly describe the dispute and shall identify the parties. Both parties may jointly request mediation.

DHS 90.12(5)(b)2.2. If only one of the parties requests mediation, no later than the next day after receiving the request the department shall notify the other party in writing of the request for mediation. The notice shall include all of the following:

DHS 90.12(5)(b)2.b.b. A statement that participation in mediation is voluntary and that agreement or refusal to participate will not affect the resolution of the dispute in any pending or potential adjudicative process, or the timing of that process, unless the parties agree otherwise; and

DHS 90.12(5)(b)2.c.c. A request that the party notify the department within 3 business days after receiving the notice regarding the party’s consent or refusal to participate in mediation.

DHS 90.12(5)(b)3.3. If the department does not receive a timely response to the notice under subd. 2. or if the other party notifies the department of its refusal to participate in mediation, the department shall notify in writing the party that requested mediation that the other party has not responded or refuses to participate.

DHS 90.12(5)(c)(c) Appointment of mediator. The department shall select mediators on a random, rotational, or other impartial basis.

DHS 90.12(5)(d)(d) Roster of mediators. In collaboration with the department of public instruction, the department shall maintain a roster of mediators qualified to resolve disputes. The department may include a person on the roster if all of the following apply:

DHS 90.12(5)(d)1.1. The department determines that the person has the appropriate skills and knowledge to act as a mediator under this section;

DHS 90.12(5)(d)2.2. The person participates in a training program of at least 5 days’ duration that has been approved by the department;

DHS 90.12(5)(d)3.3. The person consents to be observed by a department representative at any mediation session; and

DHS 90.12(5)(d)4.4. The person participates in at least one day of additional training approved by the department each year.

DHS 90.12(5)(e)1.1. Unless both parties agree otherwise, mediation shall commence within 14 days after the mediator is appointed and shall not delay hearings or civil action related to the dispute.

DHS 90.12(5)(e)2.2. The parents of the child and 2 representatives of the county administrative agency may participate in mediation. With the consent of both parties, other persons may participate in mediation. With the consent of both parties, a department representative may observe the mediation sessions.

DHS 90.12(5)(e)3.3. At the commencement of mediation, the mediator shall inform the parties of the information that is required to be reported to the department for the purpose of administering the mediation program. The department may not require a mediator to disclose the substance of any matter discussed or communication made during mediation.

DHS 90.12(5)(e)4.4. Either party may recess a mediation session to consult advisors, whether or not present, or to consult privately with the mediator. The mediator may recess a mediation session to consult privately with a party. If the mediator does so, he or she shall disclose the general purpose of the consultation but may not reveal other information about the consultation without the consent of the party consulted.

DHS 90.12(5)(e)5.5. Unless both parties and the mediator agree otherwise, no person may record a mediation session.

DHS 90.12(5)(e)6.6. The mediator and either party may withdraw from mediation at any time.

DHS 90.12(5)(e)7.7. No adverse inference may be drawn by any hearing officer or adjudicative body from the fact that a party did not consent to mediation, that a mediator or party withdrew from mediation or that mediation did not result in settlement of the dispute.

DHS 90.12(5)(f)(f) Resolution or agreement. If the parties resolve the dispute or a portion of the dispute, or agree to use another procedure to resolve the dispute, the mediator shall ensure that the resolution or agreement is reduced to writing, that it is signed by the parties and that a copy is given to each party. The resolution or agreement is legally binding upon the parties.