[no-lexicon]Mediation[/no-lexicon] for Special Education

In mediation, a person helps the school and the parents come up with a solution to the problem. A mediator is a neutral person who listens to each party’s side of the story. They helped to find a solution to the problem.

It may become clear during mediation that no agreement is going to be reached. If that occurs, both parties can walk away without an agreement. 

Other times, both sides may be able to resolve the issue. They will enter into a mediation agreement. The agreement can be anything that both sides agree to. It is the mediator’s job to help the parties think of possible solutions. The mediator does not decide the agreement.

Both sides must agree to take part

A parent or school district can request mediation at any time. The Illinois State Board of Education (ISBE) will provide a mediator to assist in resolving the issue. 

However, mediation is voluntary. This means that both parties have to agree to mediate. If either party does not want to mediate, then it will not happen. Also, either party can stop mediation at any time. 

Lawyer not required

You don't have to bring a lawyer to mediation.  Many parents can negotiate a resolution without a lawyer. The school may bring a lawyer to the mediation even if you do not have one. 

Mediation can be a parent-friendly process. But a lawyer may provide a unique perspective. They can interpret if a proposed binding mediation agreement is a fair option for you.

Confidentiality

Mediation is confidential. Nothing can be repeated outside the room. It cannot be brought up in a due process hearing. 

For example, the mediator cannot be called as a witness at the due process hearing. Nothing stated by you or the school can be used as evidence at a hearing. 

Placement of student during mediation

If you are disputing a proposed school placement for your child, you should know that requesting mediation at the right time can freeze the current school placement of your child while you resolve this conflict with the school. 

For this to happen, you must request mediation within 10 days of the Individualized Education Plan (IEP) meeting where this change in placement was recommended by the school district. You should also know that if there are other issues in your child’s most recent IEP that you want to prevent from going into effect, you should also request mediation within 10 days. 

Preventing the new IEP from going into effect by filing for mediation is called invoking “stay put.” Learn more about Going to mediation.