ADRE Filing Tip: Include Mediation Position
I recently learned that the ADRE complaint process appears to have changed in a way that will create additional delays for filers who chose not to accept ADRE Mediation.
Previously, the sequence seemed fairly straightforward: (1) complaint filed, (2) complaint approved, (3) payment link issued, (4) filing fee paid, and ( 5) complaint sent to the respondent. In my prior experience, the payment link (step 3) often followed approval (step 2) very quickly…. within an hour or so.
What I encountered this time was different. Although the current form does not appear to expressly request it, ADRE apparently now wants the filer to state it if they DO NOT wish to participate in mediation. If that statement is not included, the complaint may be approved, but the payment link may not be issued right away while the filing is treated as incomplete. Evidently, the delay is at least 5 more days.
For that reason, it may be wise for anyone filing an ADRE complaint (who does NOT want to participate in Mediation) to include a simple statement such as: “I decline ADRE mediation as an option in this matter.”
If this is now part of the intake process, it would be helpful for ADRE to make that explicit on the (new) form itself. Until then, adding a mediation statement up front (accepting or denying ADRE Mediation) may help others avoid unnecessary delay.
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Interesting. For many years, the Acting Director of the Office of Administrative Hearings has been trying to get me to propose legislation that would allow the ADRE to offer mediation in lieu of administrative hearings. They offered to train ADRE staff as Mediators if I could get the legislature to approve the option. No such law or legislation was ever submitted or enacted. If ADRE is offering mediation, it has no authority to do so because the law that authorized it to administer the dispute resolution process never granted it the option to offer mediation.
This is an abuse of power and a direct violation of existing law by the organization tasked with enforcing it.
This would never have happened under a different administration for this state. My advice to all who see this is to never agree to any mediation request from an agency that is neither authorized nor qualified to conduct mediation.
Dennis
They have been offering Mediation since at least December of 2023 — that’s when I first encountered it. FWIW