Mediation

In mediation, parents and school personnel sit down with an impartial third person called a mediator and talk openly about the areas where they disagree, in an effort to reach an agreement.

Mediation provides a positive, less adversarial approach to resolving disputes between parents and school systems. With the assistance of a mediator, the parties involved in the dispute can communicate openly and respectfully about their differences as they work toward reaching an agreement. The decision-making power resides with the participants in mediation.

The district or agency must make sure that someone attends the meeting who has the authority to make final decisions and bind the district or agency. A parent may choose to have a friend or advocate attend the mediation session. While there is nothing in the IDEA that prohibits a parent or public agency from having an attorney attend the mediation, the presence of an attorney could contribute to a potentially adversarial atmosphere that may not necessarily be in the best interests of the child.

The IDEA requires that the mediation process meet the following conditions:

• mediation must be voluntary on the part of both parties;
• mediation may not be used to deny or delay a parent’s right to a due process hearing or to deny any other right under Part B of IDEA;
• mediation must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques;
• the state must select mediators on a random, rotational, or other impartial basis;
• the state must bear the cost of the mediation process;
• an agreement reached by the parties must be set forth in a written mediation agreement; and
• discussions that occur during the mediation process must be confidential.

The discussions during mediation may not be used as evidence in any subsequent due process hearings or civil proceedings. We pledge that the mediation discussions will remain confidential and understand that these discussions may not be used as evidence in any subsequent due process hearings or civil proceedings.

Mediation Resources:

Mediation Overview

Mediation for Administrators

Special Education Mediators

Sample Mediation Agreement

Sample Resolution Agreement

Mediation Forms:

Mediation Request Form (Parent)

Mediation Request Form (District)

Printable Mediation Form

Printable Mediation Form - Spanish

Mediation No Agreement (print-only)