Special Education Mediation - When parents and schools disagree on special education programs for students with learning disabilities and other disabilities, reaching a resolution can be difficult. In these situations, parents or school administrators may want to consider mediation when:
- They want to avoid a more adversarial due process hearing.
- They want an impartial and knowledgeable person to manage communication to ensure everyone is civil and is heard.
- Negotiations in IEP team meetings have stalled.
- They want to attempt to resolve the matter without attorney involvement or more adversarial resolution methods.
Special Education Mediation - Mediation is a voluntary process. That is, parents and school administrators must voluntarily agree to participate in mediation.
Special Education Mediation - The parents or school district may request mediation by contacting their state department of education office of exceptional children. The state department will assist in scheduling a mediator or providing contact information for mediators to the parties. The mediator will work with both parties to arrange the date, time, and place for the meeting. In most cases, the parties will have the option of conducting the meeting at a school district office or in a neutral location such as a private meeting room in a local library, business, or government facility.
Special Education Mediation - Most mediators conduct a meeting with both parties to explain the "ground rules" on how the mediation will proceed, the agenda for the meeting, and have each participant sign an agreement to mediate the issue. The mediator and/or a scribe will document the meeting process and ensure the points of negotiation are documented.
Special Education Mediation - The format for mediation may vary, depending on the situation and the training of the mediator. In most cases, mediation has three phases. The first phase involves defining the issues. It may seem simplistic, but determining exactly the points of disagreement is the first and most important part of the mediation process. Defining the issues in a clear, concise manner will help participants identify ways to resolve the issues.
The second part of a mediation session is negotiating resolutions to the issues identified in the discussion. Typically, both parties have the opportunity to state their opinions on how the matters can be resolved. During this phase, The parties may meet individually with the mediator in a caucus. In these private meetings, the parties may research their options, learn more about their legal rights and obligations, and other matters related to the issues. The mediator will keep both sides' confidentiality and also identify common areas of agreement to help steer the parties toward resolution.
The final part of the mediation process is writing the agreement. The agreement will include the points of disagreement and the resolutions agreed upon by the parties. It will also include a timetable for implementation of the resolution. The parties will sign the agreement, and copies will be given to all parties. The mediation will be concluded, and the parties will be obligated to abide by the terms of the agreement.
Mediators are trained to help parties communicate and reach an agreement, even when negotiations become hostile. Even the most difficult conversations can be successful with a good mediator managing the process. However, in some cases, negotiations do fail. When this happens, the parties still have available to them other processes to resolve the matter. Either may file a request for a formal due process hearing, or the parents may file a formal complaint. Both of these means of resolution are typically managed by the state's department of education office of special education.
Learn how and where to get free mediation services to address special education issues in public schools. Get a form letter to download and help you get started. Here's how to request free mediation services.
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