Mediation
The relationship between parents and schools can become strained when there are disagreements and conflict about a child’s program. Research is clear that when parents and schools work together, children have better educational outcomes. Special education mediation is a service offered by ODR to help families of children with disabilities and schools resolve their different viewpoints on a child’s special education program. Parents may request mediation to resolve disputes about any matter under Part B (3-22) or Part C (Birth-3) of the IDEA.
Mediation can be requested at any time, even if a due process hearing has already been requested or is underway. Parents do not waive their rights to a due process hearing by participating in mediation.
Why Mediation
Mediators
If both parties agree to mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to meet with them at a mutually convenient location. ODR mediators are contractors who are trained in mediation and who have knowledge and experience in special education. Mediator bios can be found here.
Types of Mediation
ODR offers two types of mediation: facilitative and evaluative. To learn more about the differences, click here.
Mediation Outcome
In both facilitative and evaluative mediation, the mediator will not decide the dispute for the parties. If parties find areas of agreement, the mediator will write down the agreements between the parent and the school into a “mediation agreement”, which is a legally binding document. More information about mediation is available in the Mediation Guide.
Participants
The parent and school decide who will participate in the mediation. Parents may invite other participants to the session to help with the mediation process. If a parent chooses to bring an attorney with them to mediation, the school may also bring an attorney. If the parent chooses to participate in mediation without an attorney, the school is not permitted to bring an attorney. ODR pays all mediator costs for mediation regarding students with disabilities. ODR does not pay fees for additional participants.
For more information about attorneys at mediation, please review the Frequently Asked Questions about Attorney Participation at Special Education Mediation.
The request form below can be used to request mediation for both early intervention and school age children.
Mediation Request Form
INSTRUCTIONS: When filling out the PDF version of the form to submit via e-mail, save a copy to your computer and attach it as an e-mail attachment in your e-mail client. Examples of an e-mail client include Microsoft Outlook and web based e-mail such as Gmail and Hotmail. The request should be sent to ODR@odr-pa.org
If you need the form in a language other than what is on the website, please contact ODR at 1-800-222-3353, or email at odr@odr-pa.org. Note: Hindi and Urdu versions are now available.
As of June, 2008, state regulations were modified to incorporate pendent placement (stay-put status) for a child during mediation proceedings. More information about Pendency is available on the Mediation Pendency page of this site.