The Early Intervention Mediation Program was established in 1993 to provide Early Intervention Services for Infants and Toddlers (0-3 years old) with developmental delay or disabilities and their families. Title !!-A of the Public Health Law established the right of a parent who disagrees with the determination of an evaluator or Early Intervention official to mediation and or an impartial hearing to resolve their dispute.
The mediation program is designed to help early intervention program participants create options for resolving disputes surrounding eligibility determination , delivery of services to the child, or to improve communication between parents and early intervention personnel.
The New York State Dispute Resolution Association (NYSDRA) has contracted with the Department of Health since 1993 to mediate these conflicts. Through the network of Community Dispute Resolution Centers in every county of New York State, disputes of this nature can be dealt with promptly and conveniently.
The requirements of the law indicate that that the mediation process is voluntary; that a mediation process shall be made available when requested by an individual receiving early intervention services, unless regulation prevents it; that the mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques; and that mediation should not be used to deny or delay the right of an individual to other due process rights, such as an impartial hearing.
What takes place at mediation?
An impartial mediator will meet with the parties to discuss the issues involved. Each person will have the opportunity to express his/her viewpoint and talk about the issues of concern. Possible resolutions, within federal and state regulations, will be explored, and solutions may be reached.
Who are the mediators?
The mediators are assigned by the Community Dispute Resolution Center (CDRC) in your county. Mediators share different backgrounds and all have been trained and certified by the CDRC and the NYS Unified Court System, Office of ADR Programs. They are experienced in dispute resolution and have had specialized training in early intervention issues.
What do I need to do for mediation?
You need to be able to openly discuss the issues of concern. You may bring any information that you feel is important to do this.
Who will participate in the process?
You will, as well as an official from the NYS Department of Health who has the authority to make any agreements regarding the child's early intervention services. You may find out who is attending from the Department of Health by contacting the CDRC prior to the mediation date.
Does this cost anything?
No. Any fees charged by the CDRC are paid for by the New York State Department of Health through NYSDRA.
What if an agreement is reached?
The mediation agreement will immediately be forwarded to be incorporated into the child's Individualized Family Service Plan (IFSP).
What if no agreement is reached?
Requesting and attending mediation is a part of your due process rights. It does not prevent you from continuing with other forms of due process such as an impartial hearing.
The Early Intervention Mediation Program is designed to help. Please contact your local Community Dispute Resolution Center (CDRCs) or NYSDRA for more information
Additional Resources:
New York State Department of Health - The Department's website lists various resources, publications and contacts.
Find a Local CDRC - Comunity Dispute Resolution Center
Related Law:
Title II-A of Article 25 of the Public Health Law