What is Mediation?

Mediation happens when a mediator helps two disagreeing parties try to reach an agreement.  Mediation is available whenever a due process hearing is requested, and can be used to reach an agreement without having to go to a hearing.

 

According to IDEA, the Individuals with Disabilities Education Act, the mediation requirements are:

 

  • Mediation is free and voluntary.
  • Mediation cannot be used to deny a parent’s right to an impartial due process hearing.
  • Mediation must be conducted by a qualified and impartial mediator.
  • The state must maintain a list of individuals who are qualified mediators and knowledgeable about the laws and regulations on special education.
  • Mediation shall be scheduled in a timely manner in a convenient location.
  • Mediators are subject to mutual agreement by all parties.
  • An agreement reached by the parties must be set forth in a written mediation agreement.
  • Discussions occurring during mediation must be confidential and may not be used as evidence in subsequent due process or civil proceedings, and
  • Parties to mediation may be required to sign a confidentiality pledge before the mediation process begins.

 

If you need help with mediation, contact Michigan Special Education Mediation Services at 517-485-2274.

 

 

Phone code: 1611

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