You can ask for an informal meeting, mediation, or a fair hearing, or any of these appeal processes in your appeal request.^[1]§ 4710.5 (b) If you choose all three appeal processes, mediation is the next step after the informal meeting, if you disagree with the regional center’s informal meeting decision. You can request mediation or go directly to a hearing. If that happens, you will have a hearing 50 days after DDS receives your appeal request. ^[2]§ 4712 (a)(1).

Everyone should consider mediation. Mediation is a good idea because it gives you and the regional center another chance to reach an agreement. If you think there is no hope for an agreement, you can say no. This is called waiving mediation. But, many people who think there is no hope for agreement reach an agreement in mediation.

The mediator is an independent, trained professional from the Office of Administrative Hearings (OAH). They meet with you and a regional center representative. If you and the regional center agree to mediation, it must take place no more than 30 days after DDS receives your appeal request.^[3]§ 4711.5(b)(1). If you choose mediation, you may have to agree to extend the deadline for the hearing and the hearing decision.

Mediators are trained to help people look at new or different solutions to an issue. They sit down with you and the regional center to try to solve your disagreement. Sometimes mediators meet separately with you and the regional center, and also meet with both of you together. Mediators do not decide. They cannot force you to do anything.

Many disputes are settled in mediation. When you go to mediation, be prepared. Understand the documents in your case. Know what your witnesses might say at your hearing. This makes it easier to decide the agreements you might want to make in mediation. Even if mediation does not work, you will have more information about the regional center’s case that can help you prepare for your fair hearing.

If you and the regional center can come to an agreement in mediation, the mediator must prepare a “Notification of Resolution” documenting if you and the regional center are in agreement with all or some of the issues. The mediator must send a copy of the Notification of Resolution to the state Office of Administrative Hearings (OAH). A mediation decision goes into effect 10 days after OAH receives your signed Notification of Resolution.”^[4]§ 4711.7(a). Click HERE for the Notification of Resolution form.

If you do not reach an agreement at mediation, any offers to settle will stay secret. They cannot be used by you or the regional center later at fair hearing.

The next step is a hearing with an administrative law judge (ALJ).^[5]§ 4711.7(b). DDS contracts with OAH to hold the hearings. OAH hires the ALJs who hold your hearing.

If you do not reach an agreement with the regional center at mediation, make sure you are prepared for your hearing. Your hearing may be scheduled sooner if you do not request mediation. If you need more time to prepare for hearing, you can request a continuance. A continuance is a type of motion, which must be approved by OAH.

IMPORTANT: THE MEDIATION PROCESS WILL CHANGE ON MARCH 1, 2023.

If you and the regional center reach an agreement at mediation, the mediator prepares a written resolution that says what you and the regional center agreed to. You and the regional center sign the written resolution. The written resolution goes into effect 10 days after you agree.

If you and the regional center don’t reach an agreement at the mediation, you will need to tell the regional center and mediator you want continue with your appeal and go to hearing.