Since 1999, VESID (Office of Vocational and Educational Services for Individuals with Disabilities) has contracted with NYSDRA (The NYS Dispute Resolution Association) to provide mediation services when there are disagreements between vocational rehabilitation applicants and VESID personnel regarding decisions about services that affect them.
The program is designed so that there are three options available to applicants to resolve their complaint; administrative review, mediation or impartial hearing. Individuals receiving vocational rehabilitation services may request mediation, within the limits of the law, when they inform VESID in writing of their dissatisfaction with a VESID decision.
Mediation services are provided through the Community Dispute Resolution Centers (CDRCs) located in each county in New York State. Mediators help vocational rehabilitation program participants and officials develop options for resolving their disagreement and/ or to improve communication.between them. The mediation process is voluntary and helps the applicant and VESID representative to arrive at their own solution to the disagreement.. The mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques, The mediation session will be scheduled as quickly as possible to occur at a site and time accessible and convenient to the parties.
Individuals are encouraged to use the mediation process because it is often less formal and adversarial. Often the results are quicker and the participants express greater satisfaction with results than an impartial hearing. If mediation does not resolve the issue, the individual can continue to seek satisfaction through an impartial hearing.
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 vocational rehabilitation 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. You may also wish to contact an advocate to assist you with this process. There is a "Client Assistance Program" (CAP) offered through the NYS Commission on Quality of Care. CAP is a statewide network of advocates available to assist New Yorkers with disabilities in gaining assess to VESID services.
Who will participate in the process?
The person who handles your case will represent State Education at the mediation session, or a supervisor at VESID who has the authority to make any agreements regarding the participant's vocational rehabilitation program. You may find out who is attending from State Education 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 Education Department through the New York State Dispute Resolution Association.
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 Vocational Rehabilitation Mediation Program is designed to help. Please contact your local Community Dispute Resolution Center (CDRC) for more information. Click here for a CDRC nearest you
Additional Resources:
Vocational Rehabilitation Program - The Department's website lists various resources, publications and contacts.
Find a local CDRC - Community Dispute Resolution Center
Related Law:
The Federal Vocational Rehabilitation Act 1998