This document summarizes key information about mediation from questions and answers:
Mediation is a voluntary, confidential process that brings parties together with a neutral third party to resolve disputes regarding a child's special education in a written agreement. It offers an opportunity to resolve issues related to identifying, evaluating, placing or providing a free appropriate public education to a child with a disability. Mediation is available whenever a due process hearing is requested or other disputes arise. While mediation and due process hearings address similar issues, mediation is a more informal process where parties establish their own rules and remedies, while hearings have formal, established procedures and binding decisions. The benefits of mediation include the potential for an efficient and effective resolution between parties.
This document discusses a study on the credit ratings of insurance companies in Bangladesh. It provides background on credit ratings, outlines the objectives and methodology of the study, reviews relevant literature, and explains the credit rating process and scales for insurance companies. The findings reveal that life insurance companies generally receive higher credit ratings than general insurance companies. The document identifies some limitations of the study and suggests measures to address problems with the credit rating system.
This document discusses the law relating to "team poaching" or employees moving en masse to a competitor. Courts must balance employees' freedom to leave employment with the duty of fidelity owed to employers. The more senior the employee, the greater the duties owed to the employer. If the employee is also a director, questions around fiduciary duties may arise. Courts are also concerned with ensuring employees leaving en masse does not give the new venture an unfair competitive advantage. The document discusses several cases that have addressed these issues and summarizes the law around team moves and mutual solicitation between employees. It also notes that while non-compete clauses may not be enforceable, courts can still grant injunctive relief to prevent unfair competition
Communication Challenges in Federal TeleworkGov BizCouncil
To better understand federal teleworkers' experience with telework and mobile technologies, Government Business Council and Verizon Wireless undertook an in-depth research study of over 350 federal leaders from over 20 departments and agencies.
The document discusses the exhaustion of administrative remedies requirement in ERISA litigation, which requires plan participants to fully exhaust a plan's appeals process before filing a lawsuit. It examines the origins and development of the requirement over 40 years, including how it was judicially created based on ERISA's purpose and legislative history rather than being explicitly mentioned in the statute. Practitioners disagree on whether the requirement has benefited ERISA litigation by promoting efficiency or acted as a roadblock. The courts have established some exceptions for when exhaustion would be futile or in certain fiduciary breach claims.
On April 25th, the Equal Employment Opportunity Commission issued new “enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.”
This is the first guidance on this topic issued by the EEOC in more than 20 years. It reflects the EEOC’s recent litigation trend of trying to limit employers’ use of criminal records in making employment decisions.
This document provides summaries of several reports and publications related to health insurance and managed care. It discusses reports from organizations like HIAA, EBRI, Urban Institute, and CBO that examine topics like the state of employer-sponsored health insurance, cost management strategies, proposals for health system reform, and the use of managed care plans. It also provides information on surveys of consumer satisfaction with HMOs and the managed care industry.
Oracle Insurance Business Intelligence allows insurers to aggregate policy, claim, and customer data into a single location to gain insights. This provides a complete view of customers and the business. Insurers can identify costs savings, revenue opportunities, and improve processes. The solution includes an insurance-specific data warehouse and analytics application with pre-built dashboards and KPIs.
This document discusses two theories for why legal origin influences financial development:
1) The "political" channel argues that legal traditions differ in the priority they give to private property rights versus state power, and common law traditions better protect private contracting rights and financial development.
2) The "adaptability" channel holds that legal traditions differ in their ability to adapt efficiently to changing economic conditions, and common law systems can more flexibly evolve case-by-case while civil law systems rely more on statutory changes. The document assesses the empirical validity of these two channels influencing the relationship between legal origin and financial development.
This document discusses a study on the credit ratings of insurance companies in Bangladesh. It provides background on credit ratings, outlines the objectives and methodology of the study, reviews relevant literature, and explains the credit rating process and scales for insurance companies. The findings reveal that life insurance companies generally receive higher credit ratings than general insurance companies. The document identifies some limitations of the study and suggests measures to address problems with the credit rating system.
This document discusses the law relating to "team poaching" or employees moving en masse to a competitor. Courts must balance employees' freedom to leave employment with the duty of fidelity owed to employers. The more senior the employee, the greater the duties owed to the employer. If the employee is also a director, questions around fiduciary duties may arise. Courts are also concerned with ensuring employees leaving en masse does not give the new venture an unfair competitive advantage. The document discusses several cases that have addressed these issues and summarizes the law around team moves and mutual solicitation between employees. It also notes that while non-compete clauses may not be enforceable, courts can still grant injunctive relief to prevent unfair competition
Communication Challenges in Federal TeleworkGov BizCouncil
To better understand federal teleworkers' experience with telework and mobile technologies, Government Business Council and Verizon Wireless undertook an in-depth research study of over 350 federal leaders from over 20 departments and agencies.
The document discusses the exhaustion of administrative remedies requirement in ERISA litigation, which requires plan participants to fully exhaust a plan's appeals process before filing a lawsuit. It examines the origins and development of the requirement over 40 years, including how it was judicially created based on ERISA's purpose and legislative history rather than being explicitly mentioned in the statute. Practitioners disagree on whether the requirement has benefited ERISA litigation by promoting efficiency or acted as a roadblock. The courts have established some exceptions for when exhaustion would be futile or in certain fiduciary breach claims.
On April 25th, the Equal Employment Opportunity Commission issued new “enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.”
This is the first guidance on this topic issued by the EEOC in more than 20 years. It reflects the EEOC’s recent litigation trend of trying to limit employers’ use of criminal records in making employment decisions.
This document provides summaries of several reports and publications related to health insurance and managed care. It discusses reports from organizations like HIAA, EBRI, Urban Institute, and CBO that examine topics like the state of employer-sponsored health insurance, cost management strategies, proposals for health system reform, and the use of managed care plans. It also provides information on surveys of consumer satisfaction with HMOs and the managed care industry.
Oracle Insurance Business Intelligence allows insurers to aggregate policy, claim, and customer data into a single location to gain insights. This provides a complete view of customers and the business. Insurers can identify costs savings, revenue opportunities, and improve processes. The solution includes an insurance-specific data warehouse and analytics application with pre-built dashboards and KPIs.
This document discusses two theories for why legal origin influences financial development:
1) The "political" channel argues that legal traditions differ in the priority they give to private property rights versus state power, and common law traditions better protect private contracting rights and financial development.
2) The "adaptability" channel holds that legal traditions differ in their ability to adapt efficiently to changing economic conditions, and common law systems can more flexibly evolve case-by-case while civil law systems rely more on statutory changes. The document assesses the empirical validity of these two channels influencing the relationship between legal origin and financial development.
This document summarizes Travis County's analysis of outsourcing delinquent property tax collection. It estimates Travis County would lose between $5-8 million annually if they outsourced based on average collection rates of two firms. It also provides data on delinquent tax rates, lawsuits filed, and collection rates by precinct and home value to analyze the county's current tax collection processes and policies. Key findings include higher delinquency and lawsuit rates in Precincts 1 and 4 which contain 39.2% of homestead parcels but 62.8% of delinquencies.
Does Blair Answer The Question An Analysis Of His Performance Atlegal6
This research proposal seeks to analyze Tony Blair's performance at Prime Minister's Questions (PMQs) since 1997 to determine if he adequately answers questions posed. The study will qualitatively analyze a sample of questions from Conservative and Liberal Democratic leaders to categorize Blair's responses. Data will be collected over time to identify trends in answering patterns, attacked topics, and whether Blair addresses issues raised. The main source is the Hansard record from 1988-present. Statistical analysis will quantify results to evaluate if Blair fails to answer questions as accused.
This document provides a state-by-state listing of legal liability insurance carriers that offer an extended reporting period. It includes information on whether carriers are admitted or non-admitted in each state and which carriers are sponsored by state bar associations in certain states. The listing provides the names of available carriers in each state jurisdiction.
Legal Services Society provides several types of legal advice services:
1) Brydges Line offers 24/7 emergency legal advice to those arrested or detained by police.
2) Duty counsel give advice in courts to accused who cannot afford a lawyer. Over 80,000 people received criminal duty counsel assistance in 2007/2008.
3) Family duty counsel and advice lawyers assist over 20,000 people per year with family law issues like custody and child support.
Here are the key points about establishing liability in medical negligence cases:
- The plaintiff must prove duty of care, breach of standard of care, harm, and causation. All elements must be established.
- Duty of care arises from the patient-practitioner relationship. Practitioners owe a duty to exercise reasonable care and skill.
- The standard of care is what a reasonable practitioner would do in the same circumstances. Expert evidence is usually needed.
- Harm must be proven, usually through medical records and reports. Compensation covers out-of-pocket costs, pain and suffering.
- Guidelines can help show if the standard of care was met or breached, but are not determinative on their
This newsletter provides updates from the law firm TCLMM, including new attorneys who have joined the firm - Jay F. Jason and Michael E. Catania. It also discusses recent legal developments including derivative suits now being allowed for limited liability companies in New York. Additionally, it covers estate planning and ensuring your estate plan is up to date, as well as attorneys' fees in matrimonial matters and how fees can be shifted between spouses. The newsletter concludes by highlighting various accomplishments of attorneys at TCLMM.
The Asset Transaction Legal Land Lease Insurance Production And Accountinglegal6
This document outlines a detailed legal, land, insurance, production, and accounting due diligence checklist for an asset transaction. It lists over 50 individual due diligence tasks across various areas that need to be completed, including reviewing litigation history, permits, contracts, title, lease information, production data, environmental records, accounting records, insurance coverage, and more. The goal is to gather all relevant information on the assets and identify any issues to address in the transaction.
This document summarizes a long term health insurance plan that provides hospital cash benefits, major surgical benefits, and a ULIP (unit-linked insurance plan) component for investment. The plan covers the principal insured, spouse, and children. It provides daily cash benefits for hospitalization, lump sum payouts for major surgeries, and allows withdrawals from the investment portion for medical expenses. The plan offers coverage for various medical conditions and surgical procedures.
This document summarizes a study on errors and omissions (E&O) insurance programs for real estate licensees in states that mandate such coverage. It provides background on E&O insurance and reviews a survey of Ohio real estate agents that found over 90% carry coverage voluntarily but are dissatisfied with aspects like cost. It then identifies the 12 states that require E&O coverage and outlines key findings from surveys of licensees and regulators in those states regarding their perspectives and experiences with mandatory programs.
This document provides an overview of the rewards of working as a lawyer for the federal government compared to private practice. It highlights that while salaries may be lower, government lawyers have more opportunities for meaningful work and responsibility early in their careers. Benefits such as generous leave, health insurance, retirement plans, and loan repayment assistance can help offset the salary difference. Government lawyers also enjoy shaping public policy, reasonable work-life balance without billable hours pressure, and flexibility to transfer between agencies or locations. Interviews with several current and former government attorneys illustrate these points.
This document provides a summary of insurance options for small business owners. It discusses the Business Owner's Policy (BOP), which combines property and liability coverage into one package. The BOP covers buildings, equipment, inventory, and liability for injuries on the business premises or from products. It also describes required auto and worker's compensation coverage in Wisconsin as well as optional policies for health insurance, flood insurance, and umbrella liability insurance that provides additional protection. The document aims to help small business owners understand their insurance needs.
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is not mandatory but has many benefits.
- You can make a will at any time if you are mentally capable. It should be reviewed after major life changes.
- Wills must be in writing and properly witnessed to be valid. People with complex estates are advised to consult a lawyer to draft their will.
- If you die without a will, intestacy laws will determine how
This document is a worksheet for filling out information to create a legal will. It contains 25 questions to collect all necessary personal and financial details. Required fields are marked with an asterisk. Information provided will be kept confidential and used only to draft the will. Once completed, the form should be saved and sent to the law firm.
In addition to the standards set by the Missouri Supreme Court, the American Bar Association set even more detailed standards in 2003 for attorneys who would serve in this fashion as a quasi-judicial arm of a court.
Questions remain as to whether any GALs in St. Louis County are even aware of this document.
Mediation rules for commercial disputesM S Siddiqui
(1) Mediation is an alternative dispute resolution method used by businesses to resolve disputes amicably and maintain important relationships. (2) There are generally agreed upon global standards for commercial mediation procedures, including mediator impartiality and confidentiality of documents. (3) While Bangladesh lacks a mediation law, it has a tradition of community-led mediation (shalish) that could inform an agreed set of commercial mediation rules, drawing from local practices and global conventions. (4) Comprehensive rules developed in China provide an example for procedural aspects like separate and joint meetings between mediators and parties.
This document provides standards of conduct for mediators in Michigan. It contains 3 sections. The first section outlines general standards for mediators, including maintaining self-determination, impartiality, identifying and addressing conflicts of interest, and maintaining competence. The second section covers maintaining confidentiality, ensuring safety, and quality of the mediation process. The third section addresses advertising, fees, and advancing the practice of mediation. The document establishes ethical guidelines for mediators to conduct mediation in a fair and impartial manner.
This document discusses pharmaceutical ethics and informed consent. It defines a profession as requiring extensive study and mastery of specialized knowledge to provide essential services to society. Pharmacy meets these criteria. The document outlines two main ethical theories - consequentialism which focuses on outcomes, and deontological ethics which focuses on duties and rules. Three principles of biomedical ethics are also discussed: respect for persons, beneficence, and justice. Informed consent is described as respecting individual autonomy and protecting vulnerable persons. Key elements of informed consent include full disclosure of study details, comprehension of participants, and voluntary participation without coercion.
The document outlines several key laws related to disability rights in the United States including the Americans with Disabilities Act, Equal Employment Opportunity Commission, Fair Labor Standards Act, Sections of the Vocational Rehabilitation Act of 1973, Individuals with Disabilities Education Act, Vocational Rehabilitation's Individualized Plan of Employment, Carl Perkins Act, Person-centered planning, and the Family Educational Rights and Privacy Act. These laws prohibit discrimination based on disability and provide rights to individuals with disabilities in employment, education, healthcare, and other services.
How to Prudently Hire and Retain a Discretionary Corporate TrusteeThe 401k Study Group ®
Most plan sponsors seek to have a retirement plan that provides adequate benefits to their employees, is easy to
administer, is compliant with ERISA fiduciary standards and protects the plan sponsor from legal and financial risk and liability. Working in conjunction with a knowledgeable retirement plan advisor, a discretionary corporate trustee is
uniquely suited to allow the plan sponsor to meet these goals.
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
This document summarizes Travis County's analysis of outsourcing delinquent property tax collection. It estimates Travis County would lose between $5-8 million annually if they outsourced based on average collection rates of two firms. It also provides data on delinquent tax rates, lawsuits filed, and collection rates by precinct and home value to analyze the county's current tax collection processes and policies. Key findings include higher delinquency and lawsuit rates in Precincts 1 and 4 which contain 39.2% of homestead parcels but 62.8% of delinquencies.
Does Blair Answer The Question An Analysis Of His Performance Atlegal6
This research proposal seeks to analyze Tony Blair's performance at Prime Minister's Questions (PMQs) since 1997 to determine if he adequately answers questions posed. The study will qualitatively analyze a sample of questions from Conservative and Liberal Democratic leaders to categorize Blair's responses. Data will be collected over time to identify trends in answering patterns, attacked topics, and whether Blair addresses issues raised. The main source is the Hansard record from 1988-present. Statistical analysis will quantify results to evaluate if Blair fails to answer questions as accused.
This document provides a state-by-state listing of legal liability insurance carriers that offer an extended reporting period. It includes information on whether carriers are admitted or non-admitted in each state and which carriers are sponsored by state bar associations in certain states. The listing provides the names of available carriers in each state jurisdiction.
Legal Services Society provides several types of legal advice services:
1) Brydges Line offers 24/7 emergency legal advice to those arrested or detained by police.
2) Duty counsel give advice in courts to accused who cannot afford a lawyer. Over 80,000 people received criminal duty counsel assistance in 2007/2008.
3) Family duty counsel and advice lawyers assist over 20,000 people per year with family law issues like custody and child support.
Here are the key points about establishing liability in medical negligence cases:
- The plaintiff must prove duty of care, breach of standard of care, harm, and causation. All elements must be established.
- Duty of care arises from the patient-practitioner relationship. Practitioners owe a duty to exercise reasonable care and skill.
- The standard of care is what a reasonable practitioner would do in the same circumstances. Expert evidence is usually needed.
- Harm must be proven, usually through medical records and reports. Compensation covers out-of-pocket costs, pain and suffering.
- Guidelines can help show if the standard of care was met or breached, but are not determinative on their
This newsletter provides updates from the law firm TCLMM, including new attorneys who have joined the firm - Jay F. Jason and Michael E. Catania. It also discusses recent legal developments including derivative suits now being allowed for limited liability companies in New York. Additionally, it covers estate planning and ensuring your estate plan is up to date, as well as attorneys' fees in matrimonial matters and how fees can be shifted between spouses. The newsletter concludes by highlighting various accomplishments of attorneys at TCLMM.
The Asset Transaction Legal Land Lease Insurance Production And Accountinglegal6
This document outlines a detailed legal, land, insurance, production, and accounting due diligence checklist for an asset transaction. It lists over 50 individual due diligence tasks across various areas that need to be completed, including reviewing litigation history, permits, contracts, title, lease information, production data, environmental records, accounting records, insurance coverage, and more. The goal is to gather all relevant information on the assets and identify any issues to address in the transaction.
This document summarizes a long term health insurance plan that provides hospital cash benefits, major surgical benefits, and a ULIP (unit-linked insurance plan) component for investment. The plan covers the principal insured, spouse, and children. It provides daily cash benefits for hospitalization, lump sum payouts for major surgeries, and allows withdrawals from the investment portion for medical expenses. The plan offers coverage for various medical conditions and surgical procedures.
This document summarizes a study on errors and omissions (E&O) insurance programs for real estate licensees in states that mandate such coverage. It provides background on E&O insurance and reviews a survey of Ohio real estate agents that found over 90% carry coverage voluntarily but are dissatisfied with aspects like cost. It then identifies the 12 states that require E&O coverage and outlines key findings from surveys of licensees and regulators in those states regarding their perspectives and experiences with mandatory programs.
This document provides an overview of the rewards of working as a lawyer for the federal government compared to private practice. It highlights that while salaries may be lower, government lawyers have more opportunities for meaningful work and responsibility early in their careers. Benefits such as generous leave, health insurance, retirement plans, and loan repayment assistance can help offset the salary difference. Government lawyers also enjoy shaping public policy, reasonable work-life balance without billable hours pressure, and flexibility to transfer between agencies or locations. Interviews with several current and former government attorneys illustrate these points.
This document provides a summary of insurance options for small business owners. It discusses the Business Owner's Policy (BOP), which combines property and liability coverage into one package. The BOP covers buildings, equipment, inventory, and liability for injuries on the business premises or from products. It also describes required auto and worker's compensation coverage in Wisconsin as well as optional policies for health insurance, flood insurance, and umbrella liability insurance that provides additional protection. The document aims to help small business owners understand their insurance needs.
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is not mandatory but has many benefits.
- You can make a will at any time if you are mentally capable. It should be reviewed after major life changes.
- Wills must be in writing and properly witnessed to be valid. People with complex estates are advised to consult a lawyer to draft their will.
- If you die without a will, intestacy laws will determine how
This document is a worksheet for filling out information to create a legal will. It contains 25 questions to collect all necessary personal and financial details. Required fields are marked with an asterisk. Information provided will be kept confidential and used only to draft the will. Once completed, the form should be saved and sent to the law firm.
In addition to the standards set by the Missouri Supreme Court, the American Bar Association set even more detailed standards in 2003 for attorneys who would serve in this fashion as a quasi-judicial arm of a court.
Questions remain as to whether any GALs in St. Louis County are even aware of this document.
Mediation rules for commercial disputesM S Siddiqui
(1) Mediation is an alternative dispute resolution method used by businesses to resolve disputes amicably and maintain important relationships. (2) There are generally agreed upon global standards for commercial mediation procedures, including mediator impartiality and confidentiality of documents. (3) While Bangladesh lacks a mediation law, it has a tradition of community-led mediation (shalish) that could inform an agreed set of commercial mediation rules, drawing from local practices and global conventions. (4) Comprehensive rules developed in China provide an example for procedural aspects like separate and joint meetings between mediators and parties.
This document provides standards of conduct for mediators in Michigan. It contains 3 sections. The first section outlines general standards for mediators, including maintaining self-determination, impartiality, identifying and addressing conflicts of interest, and maintaining competence. The second section covers maintaining confidentiality, ensuring safety, and quality of the mediation process. The third section addresses advertising, fees, and advancing the practice of mediation. The document establishes ethical guidelines for mediators to conduct mediation in a fair and impartial manner.
This document discusses pharmaceutical ethics and informed consent. It defines a profession as requiring extensive study and mastery of specialized knowledge to provide essential services to society. Pharmacy meets these criteria. The document outlines two main ethical theories - consequentialism which focuses on outcomes, and deontological ethics which focuses on duties and rules. Three principles of biomedical ethics are also discussed: respect for persons, beneficence, and justice. Informed consent is described as respecting individual autonomy and protecting vulnerable persons. Key elements of informed consent include full disclosure of study details, comprehension of participants, and voluntary participation without coercion.
The document outlines several key laws related to disability rights in the United States including the Americans with Disabilities Act, Equal Employment Opportunity Commission, Fair Labor Standards Act, Sections of the Vocational Rehabilitation Act of 1973, Individuals with Disabilities Education Act, Vocational Rehabilitation's Individualized Plan of Employment, Carl Perkins Act, Person-centered planning, and the Family Educational Rights and Privacy Act. These laws prohibit discrimination based on disability and provide rights to individuals with disabilities in employment, education, healthcare, and other services.
How to Prudently Hire and Retain a Discretionary Corporate TrusteeThe 401k Study Group ®
Most plan sponsors seek to have a retirement plan that provides adequate benefits to their employees, is easy to
administer, is compliant with ERISA fiduciary standards and protects the plan sponsor from legal and financial risk and liability. Working in conjunction with a knowledgeable retirement plan advisor, a discretionary corporate trustee is
uniquely suited to allow the plan sponsor to meet these goals.
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
Concurrent session at the TxDLA 2016 Conference. This is the first time, I've offered a professional development session for Section 504 Coordinators that's focused on accessibility in online learning. I expect this will look different in future offerings, if there are other offerings.
Mediation model rule for commercial disputesM S Siddiqui
Bangladesh has an Arbitration law framed with guide line of UN with a provision of enforcement of arbitration in home and abroad. The expert has some reservation about certain rule and it is a landmark modern law to resolve international business disputes. Business community may come to an understanding on rules and methods of mediation until Bangladesh get a mediation law.
The document outlines guidelines for mediation, including that parties work to reach their own agreement with the mediator's assistance rather than having decisions made for them. It specifies that communications should generally be joint but the mediator may meet privately with each party. The document also details confidentiality of the process, exceptions, obligations of parties, payment policies, and signatures required of all parties to agree to the guidelines.
Liberty Study Guide and Answers Homeworksimple.com_Part1.pdfHomework Simple
More info: https://www.homeworksimple.com
1. Agencies have a great deal of discretion over whether to regulate and over the
choice of targets for enforcement action. Ambiguous statutory standards that provide an agency with discretion for when to act and against whom to enforce the action can narrow the discretion.
2. The Freedom of Information Act grants the public a right of access to most agency records.
3. This act requires that agencies obtain the approval of the office of Management and Budget before they may initiate new requirements that parties provide information to the agency.
4. The clarity requirement holds that agencies may act in some circumstances only under relatively clear rules. It may violate __________ for an agency to impose punitive measures when the rules under which the agency is acting are not clear.
5. The main APA policymaking tools are rulemaking and _____________.
6. Unless a particular statute specifies a different standard, the arbitrary, capricious standard of
judicial review applies to judicial review of information (notice and comment) rule making and to
review of informal agency action.
7. The Government in the Sunshine Act requires that most agency meetings be closed to the
public.
8. The ______________ doctrine holds that Congress may not delegate its legislative power to the
President, an agency, or any entity inside or outside of government.
9. This is the equivalent of a cause of action, and involves whether a claim exists that may be
brought in a court.
10. This involves whether a particular court has the authority to hear a class of disputes.
11. Although due process may have originally meant simply that government must provide whatever
process has been promised in applicable statutes and rules, today due process is understood as requiring procedures considered adequate in light of the interests and issues involved in the adjudication.
12. Property interests protected by the Due Process Clauses are usually created by law external to the:
13. Congress has institutionalized its oversight rule by establishing the _________________ and granting it broad power to oversee agencies.
14. State and local officials who violate the Constitution or federal statutory law may NOT be sued by parties injured. 42 U.S.C. §1983, prevents parties who are injured by a state and local official from seeking a damages action against officials who violate federal
Shalish model rule for commercial disputesM S Siddiqui
Bangladesh has an Arbitration law framed with guide line of UN with a provision of enforcement of arbitration in home and abroad. The experts have some reservation about certain rule and it is a landmark modern law to resolve international business disputes. Business community may come to an understanding on rules and methods of mediation until Bangladesh get a mediation law.
This document provides guidance for families and advocates on preparing for special education mediation and resolution sessions. It defines important terms like mediation, resolution sessions, and due process hearings. The document explains that mediation is a voluntary, confidential process where an impartial mediator helps the family and school district resolve disputes without a formal hearing. Resolution sessions are mandatory meetings between the family and school district to resolve the dispute before moving to due process. Overall, the document aims to equip families and advocates with information to effectively use the dispute resolution options in special education law.
Similar to Questions And Answers On Mediation Question 1 What Is Mediation 1 (15)
This document provides instructions for applying for an individual insurance broker's license in Massachusetts. It outlines the requirements, which include answering all application questions accurately and completely, including original exam results and course completion certificates. Applicants must also obtain three endorsements from Massachusetts residents and include the $200 application fee. Non-resident brokers have additional requirements regarding powers of attorney and certificates of good standing from their home state.
This document provides a summary of resources available at the Business & IP Centre relating to the insurance industry. It includes directories of insurance companies and service providers, market research reports, trade magazines, and lists of relevant internet sources. The resources cover topics such as different sectors of the insurance market, company profiles, financial performance, and international insurance trends.
This document summarizes a long term health insurance plan that provides hospital cash benefits, major surgical benefits, and a ULIP (unit-linked insurance plan) component for investment. The plan covers the principal insured, spouse, and children. It provides daily cash benefits for hospitalization, lump sum payouts for major surgeries, and allows withdrawals from the investment portion for medical expenses. The plan offers coverage for various medical conditions and surgical procedures.
Questions And Answers On Mediation Question 1 What Is Mediationlegal6
This document provides answers to 17 questions about mediation under the Individuals with Disabilities Education Act (IDEA). It defines mediation as a voluntary process that brings parties together with a neutral third party to confidentially discuss issues and try to reach a binding written agreement. Key differences from due process hearings are noted, such as the voluntary nature of mediation and ability of parties to establish their own ground rules and remedies. The benefits, costs, participants and process of mediation are described.
The document proposes applying conditional random fields (CRFs) for legal document summarization. CRFs are used to segment legal documents into seven labeled rhetorical roles. Feature sets are employed to improve CRF performance. A term distribution model and structured domain knowledge are then used to extract key sentences related to the rhetorical categories. The final summaries generated are around 80% accurate compared to expert-generated summaries.
1. The document discusses distance legal education (DLE), including various synchronous and asynchronous methods, challenges of implementation, and ways to lower barriers.
2. It provides examples of how DLE is being used, such as for guest lectures, semester-long courses, and student interviews via videoconferencing.
3. The Center for Computer-Assisted Legal Instruction (CALI) is working to promote DLE through resources on their website, presentations, and a new service called ClassCaster that allows faculty to record and share audio lessons.
This document discusses different forms of business organization including sole traders, partnerships, limited companies, cooperatives, franchising, multinational companies, and public sector organizations. It provides definitions and outlines advantages and disadvantages of each form. Key factors that influence the choice of legal form are the number of owners, tax implications, ability to take on risk, and privacy requirements.
The document summarizes insurance coverage for Optimist International and its affiliated organizations effective May 1, 2008 to May 1, 2009. It provides:
1) $1 million in general liability insurance through New Hampshire Insurance Company for bodily injury, property damage, and other exposures for Optimist organizations in the U.S. and Canada.
2) $1 million in hired and non-owned automobile liability insurance also through New Hampshire Insurance Company for Optimist activities in the U.S. and Canada.
3) $1 million in general liability and non-owned automobile liability insurance outside the U.S. and Canada through ACE USA.
4) $10 million in umbrella liability insurance in excess
Health insurance fraud costs the industry between $30-100 billion per year, raising premiums for all policyholders. It is defined as intentionally deceiving an insurance company to receive benefits, such as claiming expenses not incurred or hiding pre-existing conditions. Providers also commit fraud by overbilling or billing for services not rendered. Recently, fake insurance companies have also targeted consumers by offering low rates but disappearing without paying serious medical claims. To avoid fines or prison, policyholders and providers should be honest in all dealings with insurers.
U.S. Legal Forms, Inc. (USLF) is a privately held Subchapter-S Corporation that operates the largest online database of legal forms in the United States. Founded in 1999 by attorneys Frank D. Edens and Lem Adams, III, USLF maintains over 36,000 state-specific legal forms online at uslegalforms.com to assist legal professionals and the public. The founders previously owned LawNetCom, Inc., which developed several legal websites and resources for Mississippi before they expanded their concept to serve national legal needs through USLF.
Steven R. Kuhn is an attorney based in San Juan Capistrano, California. He received his J.D. from Southwestern University School of Law in 1973 and a B.A. in Economics from UCLA in 1970. He has over 45 years of experience as a trial attorney focusing on personal injury, professional negligence, business, construction defect, and real estate litigation. He is currently the principal at Kuhn & Belz, a four attorney firm. He has successfully handled over 3,000 cases with jury verdicts up to $1.2 million.
This document summarizes:
1) A power of attorney form appointing representatives to act on behalf of a taxpayer for certain tax matters before various Indiana tax authorities.
2) It provides spaces for taxpayer and representative contact information as well as details of the tax matters, years involved, and specific authorizations granted.
3) The taxpayer must sign and date the form which is also required to be notarized. Representatives must sign a declaration certifying their authority to represent the taxpayer.
1) The document discusses recent court cases that have examined the legal responsibilities for medical care provided on cruise ships.
2) It summarizes a case, Carlisle v. Carnival Corporation, where the court found that a cruise line could be held vicariously liable for medical negligence of a ship's doctor under theories of agency and apparent agency.
3) The case involved a 14-year old girl who was misdiagnosed by the ship's doctor with the flu when she actually had a ruptured appendix, resulting in serious complications.
The Legal Software Suppliers Association (LSSA) promotes high standards for legal software providers in the UK. LSSA members supply software to most law firms in the UK and have rigorous membership criteria to ensure quality and service. The LSSA provides guidance to law firms on choosing software, resolves disputes between firms and members, and ensures members comply with their code of practice. Choosing an LSSA member gives law firms assurance of a trustworthy product and support.
This document summarizes a workshop on legal issues for not-for-profits. It discusses the statutory basis for non-profit corporations, directors' liability, and corporate liability. It compares charitable and non-charitable non-profits and outlines alternatives like incorporation and unincorporated associations. Directors' duties and standard of care are explained. Types of insurance like property, liability, and business loss policies are also summarized.
1. Divorce involves legal issues regarding child custody, child support, alimony, and property division that can have devastating effects if not properly addressed. It is important to consult a personal attorney to assist with these matters.
2. Most divorces are non-contested, where both parties agree to divorce terms through a marital agreement. Mediation helps develop agreements that are acceptable to both parties.
3. Courts determine child custody and visitation based on the best interests of children, considering factors like parental character and children's preferences. Courts also determine child support amounts using state guidelines.
The document provides three samples of legal contracts:
1) A terms and conditions contract for fishing tours operated by B&B Charters that addresses acceptance, definitions, payments, participation, pricing, cancellations, refunds, itinerary changes, liability, and jurisdiction.
2) A tour agreement for Freewheeling Adventures that covers trip changes, behavior, promotions, waiver of liability, equipment rental, jurisdiction, cancellations, and insurance.
3) A sample agreement between a tour operator and hotel that outlines facilities, amenities, services, and operations for reference in producing brochures and customer information.
Legal Practitioners Liability Committee Contract Of Professional Indemnity In...legal6
1) This document outlines the terms and conditions of a professional indemnity insurance contract for barristers in 2005/2006. It details coverage for civil liability and defense costs up to the specified limit of liability, subject to any applicable excess.
2) Several exclusions are listed, including for bodily injury, property damage, contractual obligations, fraud, insured versus insured claims, and penalties.
3) Key terms such as associate, claim, defense costs, insured, and period of insurance are defined for the purposes of interpreting the contract.
Legal Practitioners Liability Committee Contract Of Professional Indemnity In...
Questions And Answers On Mediation Question 1 What Is Mediation 1
1. Questions and Answers on Mediation
Question 1: What is Mediation?
Answer: Mediation is an impartial system that brings the proper parties who have a
dispute to confidentially discuss the disputed issues with a neutral third party with the
goal of resolving the disputes in a binding written agreement. Under the Individuals with
Disabilities Education Act (IDEA), mediation is voluntary on the part of parties. A party
can include the parents of a child with a disability or representatives of the local
education agency (LEA), or, as appropriate, the State education agency (SEA), or other
public agencies that have responsibility for the free appropriate public education (FAPE)
of children with disabilities. See, 34 CFR § 300.506.
The mediation process offers an opportunity for parents and public agencies to resolve
disputes or complaints about any matter involved in proposals or refusals to initiate or
change the identification, evaluation, or educational placement of the child or the
provisions of FAPE to the child with a disability. 34 CFR § 300.503(a)(1) and
34 CFR § 300.506.
Question 2: When is mediation available?
Answer: IDEA provides for the option of mediation whenever a due process hearing is
requested and each party may end the mediation process at any stage and proceed with a
due process hearing for any reason consistent with the IDEA. However, public agencies
are strongly encouraged by the Office of Special Education Programs to offer mediation
or other alternative systems of dispute resolution prior to the filing of a request for a due
process hearing, and whenever other disputes regarding a child’ educational program
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arise.
Question 3: How is mediation different from due process hearings?
Answer: Mediation and due process hearings under the IDEA are similar in that both
may be initiated for similar disputes and the goal of both is to achieve resolution of the
disputed issues.
Both processes are initiated by either a parent or a public agency and in each process both
are conducted by an impartial individual. Both mediation and due process hearing
procedures may be about any matter in proposals to initiate or change the identification,
evaluation, or educational placement of a child with a disability or the provisions of
FAPE to the child. Also, both mediation and due process hearings may be about refusals
to initiate or change the identification, evaluation, or educational placement of the child
or the provision of FAPE to the child with a disability. See, 34 CFR §§ 300.506, and
300.507.
2. While mediation and due process hearings have similarities, they are different in many
important ways. Under mediation, parties establish the ground rules and identify their
potential remedies and the process is voluntary at every phase. In a due process hearing,
once one party has initiated the process, all necessary parties must participate and the
ground rules for presenting disputes as well as remedies available are those established
for all hearings under applicable Federal and State law. The mediator acts as facilitator
and does not pass judgment on specific issues. By contrast, in a due process hearing, the
adjudicator, while impartial, is required to make conclusions of fact and law and to render
a legal judgment that includes the specific remedies. The decision of the hearing officer
in a due process hearing is binding, unless appealed. While a written agreement reached
in mediation is also binding, it is generally more difficult to appeal under most States’
contracts law.
Additionally, the negotiation discussions and settlement positions of parties in a
mediation session are generally confidential (see answer to question 18 below for
exceptions). By contrast, due process hearings may, under certain conditions, be open to
the public. In addition, the public agency, after deleting any personally identifiable
information, shall make due process hearing findings and decisions available to the
public. Finally, a due process hearing is more formal. It is the first required
administrative process available under the IDEA to resolve disputes when parents and
school districts cannot resolve a complaint or dispute about the delivery of FAPE to
children with disabilities.
Question 4: What is a mediator?
Answer: A mediator is an impartial individual who conducts the mediation process. The
parties present their positions to the mediator who attempts to resolve disputes by
facilitating discussion between the parties to reach an agreement acceptable to all
participants.
An individual who serves as a mediator may not be an employee of any LEA or any State
agency receiving a subgrant for any fiscal year, or an employee of an SEA that is
providing direct services to a child who is the subject of the mediation process. The
mediator must not have a personal or professional conflict of interest.
34 CFR §§ 300.506(c)(1) – (c)(ii).
Question 5: What if a mediator is paid by a LEA or State agency, is this a conflict of
interest?
Answer: A person who otherwise qualifies as a mediator is not an employee of a LEA or
State agency solely because he or she is paid by the agency to serve as a mediator.
34 CFR § 300.506(c)(2).
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3. Question 6: Where do I find a mediator? How is a mediator selected?
Answer: The success of mediation is closely related to the mediator’ ability to obtain
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the trust of both parties and commitment to the process. One important way to establish
this trust will be the selection of an impartial mediator. To build trust and commitment in
the process of selecting a mediator, the IDEA provides two options in selecting a
mediator. First, the State maintains a list of individuals who are qualified mediators and
knowledgeable in laws and regulations relating to the provision of special education and
related services. A mediator may be selected from this list on a random (e.g., a rotation)
basis. Second, if a mediator is not selected on a random basis from the State-maintained
list, both parties must be involved in selecting the mediator and agree with the selection
of the individual who will mediate. 34 CFR §§ 300.506(b)(2)(i), 300.506(b)(2)(ii).
The mediator must be trained in effective mediation techniques. Under the IDEA, a
qualified mediator is one who is knowledgeable in laws and regulations relating to the
provision of special education and related services. The regulatory requirement for the
use of a qualified mediator instructed in effective mediation techniques helps ensure that
decisions about the effectiveness of specific techniques, such as the need for face-to-face
negotiations, telephone communications, and implementation of provisions of an
individualized education program (IEP), are based upon the mediator’ independent
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judgment and expertise. 34 CFR § 300.506(b)(1)(iii) and 2(i).
Because of the need to allow flexibility in the independent judgment and expertise of
each mediator and the unique issues of each dispute, the IDEA does not regulate the
specific techniques that may be required of mediators.
Question 7: May more than one mediator be selected to conduct a mediation process
under § 300.506 of Part B of the IDEA?
Answer: No, for the mediation process required under IDEA, section 300.506 of Part B
of the IDEA states that each mediation is to be conducted by one mediator. The use of a
single mediator is important to ensure clear communication and accountability. The State
is required to have such a system in place, however, it is voluntary on the part of the
parent and the public agency. If, however, a State or local school district offers
mediation in addition to that required by the IDEA, nothing in the IDEA would preclude
the mediation not required under the IDEA from being conducted by multiple mediators.
See, 34 CFR § 300.506 and Analysis of Comments and Changes, published as
Attachment 1 to the final regulations, 64 Fed. Reg. at 12611-612 (Mar. 12, 1999).
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4. Question 8: May current LEA employees serve as mediators?
Answer: No. While there is nothing in Part B of the IDEA regulations that precludes
parents and LEA employees from attempting to resolve disputes through an informal
process, the use of current LEA employees as mediators is not permissible for the
mediation required under the IDEA. 34 CFR § 300.506. In addition, individuals who
serve as a mediator may not be employees of any LEA or any State agency that receives a
subgrant for any fiscal year under Part B of the IDEA. An individual who serves as a
mediator may not be an employee of an SEA that is providing direct services to a child
who is the subject of the mediation process, and must not have a personal or professional
conflict of interest. 34 CFR §§ 300.194, and 300.506(c)(1)(i)(A).
By contrast, due process hearing officers may be employees of a State agency or LEA
that is not involved in the education or care of the child. 34 CFR § 300.508. This
difference between the requirements for due process hearing officers and mediators as
well as the requirement that mediators have specialized expertise in laws and regulations
relating to the provision of special education and related services were included to try and
make mediation a more attractive option for parents and an effective option for both
parties.
Question 9: What are the benefits of mediation?
Answer: While mediation cannot guarantee specific results, mediation can be an
efficient and effective method of dispute resolution between the parents and the LEA, or,
as appropriate, the SEA or other public agency. Mediation often results in lowered
financial and emotional costs compared to due process. Given its voluntary nature and
the ability of parties to devise their own remedies, mediation often results in written
agreements where parties have an increased commitment to, and ownership of, the
agreement. Some parties report mediation as enabling them to have more control over
the process and decision-making, thus serving as an important tool of self-empowerment.
Additionally, remedies are often individually tailored and contain workable solutions,
easier for the parties to implement as both parties have been involved in the specific
details of the implementation plan.
Mediation may also be helpful in resolving State complaints under §§300.660-300.662.
If mediation is used in the resolution of a State complaint, it should not be viewed as
creating, in and of itself, an exceptional circumstance justifying an extension of the 60
day time line. See, 34 CFR § 300.506 and Analysis of Comments and Changes,
published as Attachment 1 to the final regulations, 64 Fed. Reg. at 12612 (Mar. 12,
1999).
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5. Question 10: How long does the mediation process take?
Answer: The length of the mediation process depends on a number of factors, including
the type and complexity of issues presented, the availability of the parties, and
willingness of the parties to cooperate. Also, the length of the mediation process will
depend on the individual techniques used by the mediator. However, the length of the
mediation process cannot be used to extend the 45-day deadline to issue a due process
hearing decision unless both parties agree. 34 CFR § 300.506 and Analysis of Comments
and Changes, published as Attachment 1 to the final regulations, 64 Fed. Reg. at 12612
(Mar. 12, 1999).
Question 11: Where are mediation meetings held?
Answer: Each session in the mediation process must be scheduled in a timely manner
and must be held in a location that is convenient and accessible to the parties to the
dispute. 34 CFR § 300.506(b)(4).
Question 12: Who bears the cost of paying for the mediation process?
Answer: The State bears the cost of paying for the mediation process required under the
IDEA, including the costs of other meetings such as meetings to discuss the benefits of
the mediation process and the fee charged by the mediator. The requirement that States
bear the cost of paying for the mediation process required under the IDEA should not be
confused with offers by the State for mediation at times not covered by the IDEA. States
have the option to offer mediation at other times not required by the IDEA at their
discretion. The requirement under the IDEA that the State bears the cost for mediation
applies only to the mediation required under the IDEA. 34 CFR §§ 300.506(b)(3),
300.506(d).
Question 13: Who may participate and attend the mediation meeting? May parents or
public agencies bring their attorneys to mediation meetings and, if so, under what
circumstances?
Answer: Inherent in the decision to proceed with a mediation meeting is satisfaction on
the part of both parties with the arrangements for conducting a mediation meeting,
including the designation of the participants to be in attendance at the meetings.
Therefore, while either party in a dispute may wish to initiate or proceed with efforts at
mediation prior to a formal due process hearing, either party has the right not to
participate in the mediation process for whatever reason, including dissatisfaction with
the participants slated to be in attendance. That is, mediation is voluntary and if a parent
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6. or the public agency wishes to bring an individual to the mediation and the other party
does not want the individual to attend, that party can elect not to proceed with mediation.
This includes the attendance of attorneys. Neither the IDEA statute nor the regulations
state whether parties may be represented by attorneys or advocates at mediation
meetings. However, the presence of an attorney for a public agency could contribute to a
potentially adversarial atmosphere at a mediation meeting. The same is true about the
presence of an attorney accompanying the parents at the mediation meeting. Even if the
attorney possessed knowledge or special expertise regarding the child, an attorney’ s
presence may have the potential for creating an adversarial atmosphere that may not
necessarily be in the best interests of the child. In some instances, where parties feel that
they lack sufficient information or expertise, parties, particularly parents and children
with disabilities, may wish to have their attorneys present to assist them in explaining
their position and the process. Ultimately, the decision whether attorneys may attend
mediation meetings rests with the State. However, given that participation in mediation
is a voluntary process, if a party feels strongly about not attending mediation without his
or her attorney and attorneys are not allowed to attend mediation under the State’ rules,
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the party may choose not to attend mediation.
Question 14: May the child with a disability who is the subject of the mediation process
attend the mediation?
Answer: Yes. Parents may choose to have the child with a disability who is the subject
of the mediation process present for all or part of the mediation, at their discretion. For
some youth with disabilities, observing and even participating in the mediation may be a
self-empowering experience in which they can learn to advocate for themselves. The
appropriateness of attending generally depends on the age and maturity of the child.
The IDEA also contains provisions that greatly strengthen the involvement of students
with disabilities in decisions regarding their own futures. For example, a statement of
transition services needs of the student under the applicable components of the student’ s
IEP is provided for each student with a disability beginning at age 14 or younger, if
appropriate, and a statement of transition services is provided for each student with a
disability beginning no later than age 16 or younger, if appropriate. Because transition
planning and transition services are designed to take into account the student’ s
preferences and interests, it is appropriate for a student with a disability receiving these
services to attend and participate in the mediation process.
34 CFR §§ 300.344(b)(1), and 300.344(b)(1) – (i), see also, 34 CFR §§ 300.347(b) - (c).
Finally, the IDEA gives States the authority to elect to transfer the rights accorded to
parents under Part B to each student with a disability upon reaching the age of majority
under State law. If the State elects to provide for the transfer of rights from the parents to
the student at the age of majority, then the student will attend and participate in the
mediation meetings. See, 34 CFR Part 300, Appendix A.
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7. Question 15: May a State use IDEA funds for recruitment and training of mediators?
Answer: Yes. Under § 300.370 of Part B of the IDEA, among the activities for which a
State may use funds it retains under § 300.602 are recruitment and training of mediators.
Specifically, funds may be used for support and direct services, including technical
assistance and personnel development and training, and to establish and implement the
mediation process required by section 300.506, including paying for mediators and
support personnel. 34 CFR § 300.370(a)(1) and (a)(3).
Question 16: May an SEA use IDEA funds to establish and implement the mediation
process, including providing for the costs of mediators and support personnel?
Answer: Yes. An SEA may use IDEA funds to establish and implement the mediation
process, including providing for the costs of mediators and support personnel.
34 CFR § 300.370(a)(3).
Question 17: May a public agency require a parent’ participation in mediation?
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Answer: No. Even though SEA’ have successfully used mediation as an alternative
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method of dispute resolution between parents and districts, neither the IDEA nor its
regulations allow a public agency to require a parent to participate in mediation prior to a
due process hearing. However, a public agency may require parents who elect not to use
the mediation process to meet, at a time and location convenient to the parents, with a
disinterested third party who can discuss the benefits of mediation and encourage parents
to use the process. This disinterested third party may be under contract with a parent
training and information center or community parent resource center or an appropriate
alternative dispute resolution entity. Nonetheless, mediation may not be used to deny or
delay a parent’ right to initiate an impartial due process hearing or deny any other rights
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afforded under Part B of the IDEA. 34 CFR §§ 300.506(d)(1), 300.506(d)(1)(i),
300.506(d)(1)(ii), and 300.506(d)(2).
Question 18: May parties to the dispute in a mediation process be required to sign a
confidentiality pledge or agreement prior to the commencement of the process? If so,
what is an example of such an agreement?
Answer: Yes. Parties to a mediation process may be required to sign a confidentiality
pledge or agreement prior to the commencement of mediation. Furthermore, the IDEA
regulations state that discussions that occur during the mediation process must be
confidential and may not be used as evidence in any subsequent due process hearing or
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8. civil proceedings. 34 CFR § 300.506(b)(2)(6). An example of such a pledge or
agreement follows:
a. The mediator, the parties and their attorneys agree that they are all strictly
prohibited from revealing to anyone, including a judge, administrative
hearing officer or arbitrator the content of any discussions which take
place during the mediation process. This includes statements made,
settlement proposals made or rejected, evaluations regarding the parties,
their good faith, and the reasons a resolution was not achieved, if that be
the case. This does not prohibit the parties from discussing information,
on a need-to-know basis, with appropriate staff, professional advisors, and
witnesses.
b. The parties and their attorneys agree that they will not at any time, before,
during, or after mediation, call the mediator or anyone associated with the
mediator as a witness in any judicial, administrative, or arbitration
proceeding concerning this dispute.
c. The parties and their attorneys agree not to subpoena or demand the
production of any records, notes, work product, or the like of the mediator
in any judicial, administrative, or arbitration proceeding concerning this
dispute.
d. If, at a later time, either party decides to subpoena the mediator or the
mediator’ records, the mediator will move to quash the subpoena. The
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party making the demand agrees to reimburse the mediator for all
expenses incurred, including attorney fees, plus the mediator’ then-
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current hourly rate for all time taken by the matter.
e. The exception to the above is that this agreement to mediate and any
written agreement made and signed by the parties as a result of mediation
may be used in any relevant proceeding, unless the parties agree in writing
not to do so. Information which would otherwise be subject to discovery,
shall not become exempt from discovery by virtue of it being disclosed
during mediation.
S. Rep. No. 105-17, 105th Cong., 1st Session. 46 p. 27-8 (1997).
The enforceability of a mediation agreement, like the enforceability of other binding
agreements, will be based upon applicable State and Federal law. See, 34 CFR § 300.506
and Analysis of Comments and Changes, published as Attachment 1 to the final
regulations, 64 Fed. Reg. at 12612 (Mar. 12, 1999).
Question 19: Must an agreement reached by the parties in a mediation process be in
writing?
Answer: Yes. The IDEA requires that agreements reached by the parties to the dispute
in a mediation process must be set forth in a written mediation agreement.
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9. 34 CFR § 300.506(b)(5). The requirement that mediation agreements reached by the
parties be in writing does not apply to mediation not required by the IDEA.
Question 20: When is due process available under the IDEA?
Answer: The IDEA gives parents of children with disabilities and school districts under
the final regulations of the IDEA the right to request due process hearings at any time the
public agency proposes to initiate or change the identification, evaluation, or educational
placement of the child or the provision of FAPE to the child, or refuses to initiate or
change the identification, evaluation, or educational placement of the child or the
provision of FAPE to the child, and SEAs must ensure that due process hearings are
provided when requested. Even though SEAs have successfully used mediation as an
alternative method of dispute resolution between parents and districts, neither the IDEA
nor its regulations allow a district to require either party to participate in mediation prior
to a due process hearing.
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