SKIP TO CONTENT
If you have met with your child’s IEP team, and a resolution was not obtained as to what should be included in the IEP, you can file a Due Process Complaint. After filing, you will likely be requested to attend mediation. Mediation is a process that allows you and the representatives from your child’s school and the IEP team who are involved in the disagreement to come together and attempt to work through the roadblock that is preventing an agreement. It is entered into voluntarily, and it is confidential as well as informal.
It is important to note that this process is also designed to be non-confrontational as the parties work together and attempt to resolve the issues. Mediation fosters a constructive atmosphere, encouraging open communication and collaborative problem-solving to ensure that the interests of all parties involved are considered and addressed.
Who Attends Mediation
Mediation is attended by the parents or guardians of the child, representatives of the school district, the attorney for each party, and the mediator. At the mediation, the mediator, who is an administrative law judge (ALJ), will act as an impartial participant and help guide the parties to reach a consensus. The mediator does not offer legal advice to you, the parent, or anyone else at the mediation.
You can retain an attorney to accompany you to the mediation and provide legal advice. Contact Lavian Law Firm, APC, to learn more about how we can assist you with the mediation process.
Benefits of Mediation
While mediation is not guaranteed to result in an agreement, it is largely successful, and we believe it can be a valuable tool in obtaining needed services and evaluations for a child with a disability for various reasons. Mediation is a non-confrontational process that allows parents, with the guidance of their attorney, to reach a settlement that is beneficial for their child.
Benefit #1: Ability to Provide Input
If you go to a hearing rather than mediation, you are bound by whatever conclusion the Administrative Law Judge reaches. Your opinion and input do not have to be considered by the hearing officer. In mediation, there is more flexibility, and you have the opportunity to contribute to any agreement that is reached.
Benefit #2: Privacy and Relationship Preservation
If you desire privacy in your quest to help your child with disabilities, mediation can be an attractive option. Additionally, it is important for parents to maintain a cordial and respectful relationship with the educational professionals who work with their children. Mediation allows for parents and the school district to engage in a resolution process where both sides can respectfully share their concerns and formulate a mutually agreed-upon plan for the student to thrive. In general, mediation is non-confrontational and non adversarial resolution process.
Benefit #3: Timely Conclusion
Every day waiting on a decision is another day your child may not receive the needed services. With mediation, changes to your child’s Individualized Education Plan (IEP) can be made either immediately after a resolution agreement is reached at mediation or shortly after the resolution agreement is approved by the school board.
Need Help With Mediation? Contact Lavian Law Firm, APC
If you need help with obtaining the services to which your child is entitled, or if you have concerns about the services your child is receiving, our firm can help. Attorney Sherry Lavian focuses her practice on assisting children with special needs and their families to navigate the public school system to ensure their needs are met. Contact us via our contact page.