Special Education Mediation Process
1st: Request Mediation
Mediation Request Form- Parent or school district makes request
- Make request in writing or use optional Mediation Request Form below
- Initiate the process by contacting info@osedisputeresolution.org or 1-855-737-6583
2nd: Intake Call
- Case Coordinator from local CDRC reaches out to all parties
- Chance to have your questions answered
3rd: Mediation Scheduled
- Case Coordinator from the CDRC schedules the mediation
- Mediation may be conducted either in person or virtually
- Free service
4th: Mediation Conducted
- Neutral mediator
- 2-3 hour meeting
- If an agreement is reached, it will be written and signed
- The agreement is legally binding and enforceable
5th: Mediation Complete
Possible outcomes:
- Agreement
- Partial Agreement
- No Agreement
In all of these cases, mediation can help open the door to continued dialogue.
Why choose mediation?
- Joint problem solving: Parties have the flexibility to create their own solutions, leading to greater commitment and ownership of the agreement.
- Free of charge: Mediation is funded by the New York State Education Department. There is no cost to either parents, guardians or school districts.
- Improved communication:
Mediators help clarify each party’s interests, leading to better understanding and dialogue.
- Quick scheduling: Mediation sessions are typically scheduled within two weeks of the request.
- Supportive environment: Mediation is less adversarial, less negative, and promotes a cooperative approach compared to impartial hearings.
- Resolve conflict: Mediators address the root causes of disputes, going beyond surface-level issues.
- Legally binding outcomes: Written and signed mediation agreements are enforceable in any State court of competent jurisdiction or in a district court of the United States.
- Cost and time efficiency: Mediation is often less expensive and less time-consuming than a due process hearing.
- Party buy-in: Since parties develop the solutions themselves, they are more likely to comply with the terms of the agreement.
What can I expect during a special education mediation?
The mediator will introduce themselves and explain their role as a neutral and impartial facilitator. The mediator will explain how the mediation process works, its principles, and answer any questions.
After that, the parties share with one another their concerns, needs and interests about the education of the child. The mediator listens deeply, reflects what is being shared to clear up confusion, and may ask questions to make sure everyone fully understands each other’s point of view. The mediator also helps parties explore options, ideas, and different approaches, and brainstorm solutions.
Strong emotions and disagreement are normal when people are in conflict and mediators are trained to help manage both. When needed, the mediator or the parties can take a break or ask for separate meetings with the mediator to explore concerns privately before returning to the joint session. If the mediator meets with one party, they will always meet with the other party separately too.
If the family and school reach an agreement, the mediator will put it in writing and review it with them to ensure it reflects the next steps they have agreed to. Once final changes are made, the agreement will be signed by both parties, and each will be given a copy. The agreement is then legally binding.
If no agreement is reached, the parties can take a break and return to mediation to continue working together to resolve the issues. Parties could also complete a partial agreement—agreeing to some issues and using a different process to decide those that remain. The agreement will still need to be written, reviewed, and signed and the agreements reached will become legally binding.
If the parties are still unable to reach agreement, the mediation process will be closed. The unresolved issues may still be discussed with the CSE (Committee on Special Education)/IEP (Individualized Education Program) team or pursued through another dispute resolution process like an Impartial Hearing or State Complaint.
How do I prepare for mediation?
How can parents and guardians prepare?
- Review information:
- Familiarize yourself with your child’s Individualized Education Program (IEP)/Individualized Education Services Program (IESP) and any prior evaluations or reports
- Learn about your child’s rights under special education laws and rules if possible (Individuals with Disabilities Education Act (IDEA); NYS Education Laws and Regulations)
- Gather relevant documents:
- Bring copies of the IEP/IESP, evaluations, progress reports, medical records, and any other relevant documentation
- Develop a plan:
- Write down your concerns and examples of what has or hasn’t worked in your child’s education
- Identify what issues are in conflict
- Define your goals
- Think about alternative solutions that could work for both sides
- Consider what support, if any, your child would need to be successful
- Be open minded:
- Listen and consider different perspectives
- Keep the focus on your child’s best interests
How can school districts prepare?
- Select the mediation team:
- Identify who will attend the mediation: Who has knowledge about the student?
- Authorize a decision-maker: Who has knowledge about what is possible for the school district?
- Review the student's IEP/IESP
- Gather information:
- Review the student’s history (progress, challenges, and needs)
- Gather the latest reports from teachers, therapists, and specialists
- Talk with the child's teacher and service providers
- Develop a plan:
- Be prepared to explain the child’s special education programs and support services that have been provided or proposed
- Identify areas for flexibility, considering possible modifications or accommodations
- Have potential solutions prepared to discuss with the parents or guardians
- Be open minded:
- Listen and consider different perspectives
- Keep the focus on the child’s best interests
Who are the mediators?
A mediator facilitates the special education mediation. Mediators have received extensive training in both conflict management and special education, have completed two apprenticeships (in both community mediation and special education mediation), and must fulfill annual continuing education requirements. Mediators are neutral and are not employed by the local school district, the New York State Education Department (NYSED), or New York City Department of Education (NYCDOE).
Mediators are members of the community who provide services through their local Community Dispute Resolution Center (CDRC). CDRCs are nonprofit, independent agencies with extensive experience in providing mediation (including special education mediation) and other services locally.
CDRCs serve each of New York State's 62 counties. SEDRC can connect you with the center in your area to start the mediation process. Call 1-855-RESOLVE (1-855-737-6583) or email info@osedisputeresolution.org.
Read below to find answers to frequently asked questions.
If you can't find the answer you are looking for, please contact us!
Can anything be mediated?
Most issues or concerns can be mediated. However, there are a small number of issues that cannot.
- 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.
- Parent refusal to consent or failure to respond to request for consent for initial provision of special education and services.
- Parent revocation of consent for special education services.
- 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.
Who must attend the mediation session?
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.
Can other people attend mediation and what are their roles?
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.
Who pays for mediation?
Mediation is free for both parents or guarians 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.
Why is a written agreement important?
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.
What happens if an agreement is not followed?
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.
What are the options for resolving a special education dispute?
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.
Can mediation be used at the same time as an impartial hearing?
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.
What is the difference between a resolution session and mediation?
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.
What if only one party wants to mediate?
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.
Can special education mediation be used to resolve issues with a 504 plan?
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.
