Questions and Answers on Meditation
Short Description
What is Mediation?
- An impartial system that brings proper parties who have a dispute together to confidentially discuss disputed issues with a neutral third party, with the goal of resolving the disputes in a binding written agreement.
- Under IDEA mediation is voluntary on the part of the parties.
- Mediation can include parents, representatives of the LEA or SEA, or other public agencies responsible for FAPE.
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Content
How is mediation different from due process hearings?
Both mediation and due process hearings…
- may be initiated for similar disputes;
- have the goal to achieve resolution of disputed issues;
- are initiated by either a parent or a public agency;
- are conducted by an impartial individual.
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What is a mediator?
A mediator…
- is an impartial individual who conducts the mediation process;
- attempts to resolve disputes by facilitating discussion between the parties to reach agreement;
- may not be an employee of any LEA or State agency receiving a subgrant for any fiscal year, or an employee of an SEA providing direct services to a child who is the subject of the mediation process;
- must not have a personal or professional conflict of interest.
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