At a glance
You and the school may choose mediation to help resolve a disagreement.
Mediation is free for disputes about IEPs and special education.
The mediator may have private one-on-one discussions with you and the school.
You and the school have a disagreement about your child’s education. Now, you’ve called in a third party mediator to help you come to a solution. What can you expect at the mediation session? Read on to learn more.
Mediation is a way to resolve disputes.
Mediation is a private meeting where you and the school try to reach an agreement, with the help of a neutral third party. It’s voluntary. And the person helping you is called a mediator. The mediator has professional training and isn’t on either side.
Federal law requires schools to provide free mediation for disputes about or . For other situations, you may have to pay for mediation. You’re allowed to bring a lawyer or others to mediation, but you also have to pay them yourself. Note that if you bring a lawyer, the school will probably bring one too.
The mediator’s job is to be neutral, to build trust, and to help both sides find a way to agree on your child’s education plan. The mediation meeting usually takes place in a conference room and can last from several hours to an entire day. Most follow this format:
1. Mediator’s opening
The mediator introduces everyone and explains the rules. The mediator may also describe the goal of the meeting and what the mediator will be doing. (Time: 10–15 minutes)
2. Your opening statement
You tell your side of the story, explaining your child’s situation. You also explain why you think the school isn’t meeting your child’s needs. (Time: 10–20 minutes)
3. School’s opening statement
The school explains its side, arguing why it believes it’s providing the right services for your child. The school may or may not respond to what you’ve said, and the mediator may give you a second chance to speak. (Time: 10–20 minutes)
4. Private discussions
After the opening statements, the mediator talks with each side, one at a time. The mediator may go back and forth several times.
During these discussions, the mediator will probably tell you how strong or weak your case is. The mediator will also try to help you and the school understand the case and any areas where you agree.
What you say to the mediator is private. The mediator can’t tell the school what you’re saying, unless you give permission. (Time: Several hours)
5. Joint negotiation
After the private conversations, the mediator brings you and the school back together to talk. This is when an agreement may be reached. (Time: An hour or more)
6. Closing the mediation
If you and the school reach an agreement, the mediator writes out the main points in a possible final agreement. You might sign this at the mediation or take it for a few days to look it over.
If you and the school can’t agree during this meeting, the mediator reviews your progress and suggests next steps. The next step may be another mediation session. Or it may be a more serious step like due process. (Time: 30–60 minutes)
This is a basic outline of mediation, but it could be different in your school. The purpose is the same—to help find a plan everyone is happy with.
What’s good about mediation?
Mediation can be a quick, free way to resolve a disagreement and get what your child needs. In most cases, mediation takes a few hours and no lawyers attend. The mediator can help both sides state their positions clearly, and you might gain a better understanding of the strength of your arguments and the school’s arguments.
The agreement is legally binding. The school and parents usually take it seriously and work hard to find agreement.
Mediation is one of the most common ways parents and schools find a way to deal with special education disputes. Every year, there are thousands of successful special education mediations across the country.
What’s not as good about mediation?
The mediator doesn’t hear the testimony of witnesses and then make a ruling. It’s possible that in mediation, you may give in more than you’d need to. Mediation can also delay your dispute and give the school information you don’t want them to have about your case and arguments.
Knowing what to expect will help you decide whether it’s right for you. To learn more, you may want to read tips on how to prepare for mediation.
Mediation is negotiation helped by a trained professional who is neutral.
The mediator can give you an honest take on how strong or weak your case is.
Mediation often leads to agreements.
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About the author
About the author
Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.
Myrna Mandlawitz, MEd, JD has worked for over 20 years as a consultant/lobbyist on special and general education.