§ 4–754.39. Mediation.

(a) Providers are strongly encouraged to establish internal mediation programs to resolve disputes with clients.

(b) Any provider who chooses to establish an internal mediation program shall offer mediation services to any client of the provider, or the client’s representative, who requests them.

(c) Upon receiving an oral or written request for mediation, the provider shall provide the client or the client’s representative with reasonable written notice of:

(1) The time and place of any mediation proceedings; and

(2) The client’s right to request a fair hearing for formal review of his or her complaint pursuant to § 4-754.41 and his or her right to request administrative review pursuant to § 4-754.42.

(d) The provider shall allow the client or the client’s representative to review its records of the client prior to the mediation proceeding.

(e) The provider shall allow the client to be accompanied by a legal or other representative of the client’s choosing in any mediation proceedings.

(f) Upon conclusion of the mediation proceedings, the provider shall notify the client of his or her right to request a fair hearing pursuant to § 4-754.41, and the deadline for making such a request, if he or she is not satisfied with the outcome of the mediation.

(g) No member of the provider’s staff who was involved in the incident or incidents at issue in the mediation shall serve as a mediator during the proceedings.