Mediation

Even when parents and school officials try their best to reach agreement on a student's special education program, disagreements can occur. If this happens, mediationwhich is a free, voluntary, and confidential alternative to a formal due process hearingis an option. Mediation is designed to help parents and school officials reach agreement, and it can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. (The Office for Dispute Resolution website has more information on mediation.)

If you and school officials agree to try mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to meet with both sides. He or she will meet the parties both separately and together and listen to both points of view, in order to understand each side's position. Neither school officials nor parents may include a lawyer at a mediation session.

The mediator will not make a decision on the disagreement. Rather, the mediator will help both parties try to reach an agreement. If the parties reach an agreement, it will be put in writing and, if appropriate, incorporated into the student's IEP. You may request mediation from your school administrator or by calling the Office for Dispute Resolution at 1-800-992-4334.