Most issues or concerns can be mediated. However, there are a small number of issues that cannot.  

1. Decisions made by the Subcommittee on Special Education. The full committee must have had an opportunity to meet and reach a decision before mediation can take place. 
2. Parent refusal to consent or failure to respond to request for consent for initial provision of special education and services.
3. Parent revocation of consent for special education services. 
4. Parent refusal to respond to request for or to consent to an initial evaluation or reevaluation of a student who is home-schooled or parentally placed in a private school. 

Both the parent(s) or guardian(s) and a representative of the school district attend the mediation session. The school representative who attends the mediation is authorized to enter into an appropriate agreement on behalf of the school district. 

In mediation, anyone both parties agree would be helpful to the process can attend. Either party can consult with others during mediation before reaching an agreement. Other people that may be asked by the parties to attend mediation can include: 

• Friends/family members
• Parent advocates
• Attorneys
• Service providers
• Interpreters
• Others

Prior to mediation, the CDRC staff will ask each party who, if anyone, they would like to accompany them to the session and what their roles will be. The CDRC staff will then check with both parties to ensure there is agreement about who will attend and their anticipated roles. 

Mediation is free for both parents or guardians and the school district. Mediation is provided for by the Individuals with Disabilities Education Act (IDEA) and must be paid by the New York State Education Department (NYSED). 

It is the school district's responsibility to arrange for and pay for the cost of an interpreter if needed. 

If the parent and the school district agree to a change in the child’s services, it is important to put these agreements in writing so that everyone is clear about what was agreed upon, who will be responsible for making the changes and when. Once signed, the agreement is legally binding and must be carried out. 

Either party can request a return to mediation at any time to address concerns about following an agreement. A written, signed mediation agreement is legally binding and enforceable in any State court of competent jurisdiction or in a district court of the United States. If one or both parties are not abiding by the agreement, either party may wish to consult an attorney for more information. In addition, if the mediation agreement resulted in a change to the child’s IEP, the parent(s) could submit a written State complaint alleging that the IEP is not being implemented. 

There are three distinct options for special education dispute resolution: Mediation, State Complaint, and Due Process Impartial Hearing. Only mediation allows the parties to retain control over the decision-making process rather than have someone else make decisions for them.  

Yes. Mediation can be requested at any time before an impartial hearing request or after one has been filed. If an impartial hearing is requested and you decide to mediate, a request can be made to the impartial hearing officer (IHO) to reschedule the impartial hearing until mediation is completed. If an agreement is reached and signed the impartial hearing request can be withdrawn. If the parties are able to reach agreement on some but not all issues, a partial agreement can be drafted and signed, and the remaining issues can be decided by the IHO. 

When an impartial hearing is requested by the parent(s), the school district has 15 days to call a meeting with the parent(s) and the relevant members of the CSE/IEP Team to work to resolve the complaint. This meeting is called a resolution session. 

Unlike a resolution session, mediation includes a neutral third party, the mediator, who facilitates the meeting and helps all parties to more fully understand one another and their concerns. Mediation can be used in place of a resolution session and can be requested by either party. 

Mediation is voluntary. Both the parent(s) and the district must be willing to attend mediation in order to encourage discussion and collaboration. If either party does not wish to participate, they may request that the other party attend a brief meeting with a CDRC staff member to better understand the mediation process and its benefits.

No. Special education mediation is only provided for students referred to the CSE/IEP Team. However, your local CDRC may be able to provide mediation services through their community mediation program.