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FAQs

Below are some commonly asked questions about the mediation process.
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Q: Can mediation delay or postpone a request for a due process hearing?
A: No. Mediation can occur prior to a hearing, but it can neither delay nor deny the child's right to a hearing, nor can it affect legally established timelines for due process requests.
Q: How does a mediation agreement affect an IEP?
A: If mediation is successful, the outcome is a written agreement. The mediator prepares the agreement document based on the agreement made by the parties, and then all parties and the mediator sign it. When the IEP is affected by the mediation agreement, the student's IEP team meets within twenty days of the mediation to incorporate the agreement into the IEP.
Q: How does mediation work?
A: Any party may call the ODR and request mediation services to assist in resolving a disagreement. The ODR then contacts the other relevant party to determine if there is mutual interest in going to mediation. Because mediation is voluntary, both parties must verbally agree to participate in mediation before a mediator is assigned. Once there is agreement, the ODR case manager assigns a mediator and schedules a mediation session at a mutually agreeable time and place.
Q: How long does mediation take?
A: The parties should schedule the mediation for a day that is entirely free of other obligations or appointments. The majority of mediation sessions coordinated through the ODR have been successfully completed in three to five hours. Evening mediations may be scheduled at the agreement of both parties.
Q: How soon after a request is made is a mediation session scheduled?
A: Mediation is scheduled at the mutual convenience of parents and school district or public agency staff. Scheduling usually takes between seven and ten days.
Q: Is a mediation agreement binding?
A: An agreement reached through mediation is binding on the parties. Because mediation is a process that is based on voluntary agreement, agreements reached in mediation are seldom not followed.
Q: Is mediation legally required?
A: Pennsylvania is required to provide a system for mediating disputes on issues concerning special education. However, the decision on the part of parents, school districts, or agencies to elect mediation is voluntary.
Q: May attorneys participate in mediation?
A: No. At the recommendation of the Mediation Task Force (1986), attorneys are not included at the mediation session. Parents are encouraged to bring lay advocates to the session.
Q: What are the advantages of mediation?
A: Mediation provides an informal and effective way for parents and school personnel to resolve differences. The process of mediating a dispute:
  • promotes a positive relationship between school personnel and parents
  • is inexpensive to all participants
  • is structured for mutual problem-solving
  • is less time-consuming than due process hearings may be significantly less stressful than adversarial proceedings
Q: What do mediators actually do?
A: Mediators encourage open communication in a confidential setting. The mediator attempts to move parties toward resolution of their differences through diverse strategies. Because there is no one method to resolve problems associated with special education, the mediator is flexible in his or her approach to each new problem and to the different personalities within each group.The mediators are trained in communication, problem-solving, and negotiation skills, as well as specific mediation techniques. They also have knowledge of special education laws and regulations, and information about the various educational tests, programs, and services that are used in special education.
Displaying Records 1 through 10 of 20 records.
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