Examples of How Mediation is Used in State
Agencies
Department of Labor
Bureau of Worker's
Compensation
Department of Behavioral
and Developmental Services
Administrative
Office of the Courts
Department of Environmental
Protection
Department
of Education
The Division of Administrative Hearings in the Maine Department
of Labor mediates Level Three mental health grievance situations
for the Department of Behavioral and Developmental Services.
Disputes are referred to mediation as part of the hearing
process. In the course of a Level Three mental health grievance
case, the hearing officer and parties will decide if mediation
is appropriate for the situation. Mediation completion deadlines
are determined informally as part of a ground rules discussion
in the first mediation session.
There are six hearing officers in Administrative Hearings
who are trained in mediation. Mediation occurs as part of
their normal duties as hearing officers. Evaluation occurs
by peer review: Cases are discussed between hearing officers
after completion. Officers may also attend outside mediation
training sessions, such as those offered by CADRES or the
American Bar Association.
Administrative Hearings mediates about twelve to twenty-four
disputes per year (one or two per month). In addition to mental
health grievance disputes, the Division hears vocational rehabilitation
cases, which assist the disabled in obtaining and preparing
for employment. This mediation is voluntary and endeavors
to help parties reach a mutually acceptable resolution, not
to impose a settlement.
The Division of Administrative Hearing’s mediation
capabilities are provided for by the Rights
of Recipients with Mental Health Services and the VR
Program Rules .
Source: Allan Toubman, Chief Administrative Hearing Officer,
Division of Administrative Hearings, Maine Department of Labor
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