Mediation
Mediation is an impartial system that brings the proper parties who have a dispute to confidentially discuss the disputed issues with a neutral third party with the goal of resolving the disputes in a binding written agreement. Under the Individuals with Disabilities Education Act (IDEA), mediation is voluntary on the part of parties. A party can include the parents of a child with a disability or representatives of the local education agency (LEA), or, as appropriate, the State education agency (SEA), or other public agencies that have responsibility for the free appropriate public education (FAPE) of children with disabilities. See, 34 CFR § 300.506.
The mediation process offers an opportunity for parents and public agencies to resolve disputes or complaints about any matter involved in proposals or refusals to initiate or change the identification, evaluation, or educational placement of the child or the provisions of FAPE to the child with a disability. 34 CFR § 300.503(a)(1) and 34 CFR § 300.506.
What's New
Ten Tips for SEAs and LEAs to Improve Their Mediation Agreement Rate - This 'tip sheet' was developed to provide coordinators of mediation programs with ideas and strategies on how to improve their mediation agreement rate. Download this resource
Tips, Tools & Resources for LEAs and Early Intervention Providers to Improve Agreement Rates in Resolution Sessions - This resource was developed to provide local education agency personnel and early intervention providers with ideas and strategies on how to improve their resolution meeting agreement rate. Download this resource
State ADR/Mediation Resource Directory - This resource contains a listing of offices and organizations that offer expertise in mediation and other forms of alternate dispute resolution. The directory catalogs a broad range of entities, including statewide offices, court-based services, academic centers, membership associations and not-for-profit organizations.
Download this directory
The "Attorney-Friendly" Mediator HTML
Frequently Asked Questions about Mediation
IDEA's Regulations on Mediation HTML
The Involvement of Students in Their Special Education Mediations HTML
Special Education Mediation: A Guide for Parents PDF
Special Education Mediation: A Guide for Parents (Hmong) PDF
Understanding "Positions" and "Interests" - This short video from CADRE introduces the differences between positions and interests and provides specific examples.
