Mediation and other dispute resolution service efforts, other than formal due process hearings, are encouraged as sped and satisfactory methods of settling a dispute. If a parent or guardian is in disagreement with the school department's evaluation, program or placement of their child they may opt to attend mediation. Mediation is a flexible, informal way of resolving disputes through understanding and compromise of varying view points. parents, guardians or the school district may request mediation by submitting a written request to the Due Process Coordinator, Maine Department of Education, #23 State House Station, Augusta, ME 04330 and provide a copy to the Superintendent.
Benefits of Mediation
Mediation has many benefits for parents, educators and providers, including:
Families can maintain an ongoing and positive relationship with the school or Child Development System and benefit from partnering with educators or service providers in developing their child's program
Conflicts that arise out of misunderstanding or lack of shared information can be resolved through mediators helping parents, educators and service providers to communicate directly with one another.
Special Education and early intervention issues are complex and can best be solved by working together.
Mediation tends to be faster and less costly that adversarial approaches such as due process hearings and court proceedings.
Mediation results in agreements that participants find satisfactory and research shows that people tend to follow the terms of their mediated agreements.
Other Considerations
Mediation may have a few drawbacks or limitations worth noting. These drawbacks or limitations include:
Once mediation has been requested what happens?
After receiving the request for mediation,, the Due Process Coordinator appoints a mediator. A letter will be sent o all parties concerned informing them of when and where mediation will take place. whenever possible mediation is held within 30 days of receipt of the request.
Do I need to submit any information prior to the mediation date?
No. any information should be provided at the mediation session.
Who attends mediation?
Only those persons necessary to discuss the relevant issues surrounding the dispute may attend the mediation session. the mediator may limit the number of people who participate in the session.
Parents may bring, if they choose, a parent advisor for support.
An administrator of the school district who is able to commit resources and make a decision, as well as staff who have knowledge of the student should attend.
What does the mediator do?
The mediator's job is to lead the meeting and make decisions about how the sessions will be conducted. The mediator does not make the decision about how your issue may be resolved.
What happens at the end of a mediation session?
An agreement is reached by both parties that is documented by the mediator and signed by the school department and the parents(s). A date is set for a PET to amend the IEP to reflect the agreement, or
Mediation is recessed until a late date to access more information so an agreement may be reaches, or
The session is ended without reaching agreement and the Department of Education is informed that the partners involved could not come to agreement and the proceed to a due process hearing.
Mediation Ground Rules
This fact sheet was prepared by the Maine Parent Education Consortium, funded through a grant from the Maine Department of Education under IDEA.