Even when parents and school officials try their best to reach agreement on a student's special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing.

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. The mediator will meet with both parties together (and separately if necessary) to listen to both points of view, in order to understand each side's position. Neither school officials nor parents may include a lawyer at the mediation session.

The mediator does not make a decision on the disagreement. Rather, the mediator will help both parties try to reach an agreement. If the parties do reach an agreement through the mediation session, that agreement will be put in writing and, if appropriate, incorporated into the student's IEP. More information about mediation is available in the Mediation Guide and in the Mediation FAQs.

You may request mediation either by submitting a Mediation Request Form, by making a request to your school administrator, or by calling the Office for Dispute Resolution at 1-800-222-3353.