The Arc of Western Wayne County: Serving people with disabilities

The Take Charge Helpline

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.

If you have questions about your rights regarding mediation, call The Arc at 734-729-9100.

Phone code: 1611