What is Mediation? 

Mediation is a confidential way to resolve a conflict between the family and the educational institution. It is not a required step prior to due process but it can be an economical way to reach a resolution. However, it does depend on the willingness of the parties to share their concerns and discuss solutions. Click here to read more details about mediation from the Office for Dispute Resolution's (ODR).

​

How does it work?

If both parents and/or cannot seem to reach a resolution, the Office for Dispute Resolution (ODR) will arrange for a neutral, specially-trained mediator to help both sides resolve conflicts about the child's education needs.  Mediations are scheduled for a full day but most sessions last between 3-5 hours. During the actual mediation meeting, both sides share their points of view and discuss solutions that will be documented in a legally binding mediation agreement. School districts are allowed up to 3 participants  including one person with the authority to assign resources. Parents can invite 2 people which may include an advocate to  help them. Attorneys do not participate in a mediation hearing.

​

Mediation is meant to maintain a positive relationship between parents and school staff. The Mediator tries to help both sides understand each other and build a foundation of trust.

​​

What is the difference between Mediation and IEP Facilitation?

In facilitation, the facilitator helps with the meeting process and helps prevent the conflict from growing. In mediation, the mediator helps parties work towards resolving specific disputes. They are a guest, not part of the IEP team. facilitators foster an atmosphere of fairness. When things are moving in the right direction, the facilitators become more quiet. In facilitation, the IEP process determines the meeting agenda. All mandatory duties of the LEA associated with the IEP stay in place. LEA continues to lead the meeting. The team (not ODR) sets a date for the meeting and LEA sends the invitation to parents.

​

Why should I choose mediation as an option? 

• Mediation is a less adversarial way of addressing conflicts than due process.

• Mediations are easier to schedule for working parents and can be scheduled in the evenings if both sides agree. It can also be scheduled within 10 days of the request.

• Mediation costs are covered by the Office of Dispute and Resolution so it's a FREE way to resolve differences.  Parents are responsible for any costs associated with their choice of participants (private advocate or expert).

• Usually it takes one mediation session to reach a mutual agreement. It can take several sessions during due process.

• Unlike due process hearings when a solution is enforced by a hearing officer, mediation outcomes are voluntarily and mutually agreed upon by both sides.

• Due process always remains scheduled until told by parents or the school that they have come to an agreement.

​​

NEW...As of March 1, 2021, attorneys representing the school and parent are allowed to attend mediation meetings. Expect that the school district will bring their attorney so having a consult or an attorney on retainer before attending mediation is advised.

​

If you disagree with the NOREP, you check the mediation box, you can write down your reasons for disagreeing. Don't assume that the school district will contact the Office for Dispute and Resolution. Submit the request yourself.

​

​To submit a request for mediation, fill out this form in English or in (Español)

​

How to prepare for mediation?

 

1. Organize your child's records. ...

2. Decide who comes to mediation. ...it's recommended to have at least 3 people which can include family, friend who knows the child, service provider, therapist, advocate or attorney

3. Set a time and place that work for you. ...

4. Outline your child's case. ...

5. Prepare your evidence. ...

6. Learn the law. ...

7. Write a 5- to 10-minute opening statement. ...

8. Practice negotiating.

9. Expect the unexpected. ...

10. Listen, listen, listen!! ...

11. Keep emotions in check. Maintain a positive, professional approach.

 

​

During the prep phase, the facilitator

• will attempt to contact the parent and school/IEP team representative.

• will discuss the purpose of the facilitation, answer questions about the process and their role as the facilitator

• provides an opportunity to understand concerns that may be relavant to the meeting and the reason the request for the service was made.

​

The Office for Dispute Resolution (ODR) is offering a new service for parents choosing mediation and/or represent themselves in Due Process: ODR's Parent Engagement Project Manager, Kati Clendenin, will answer procedural questions to help parents understand the mechanics of mediation as well as various procedures involved in preparing for a due process hearing, such as how to prepare exhibits (ordering and numbering) and other information contained in ODR's Parent Guide. Ms. Clendenin's approach to serving parents is based on effective parent engagement practices; she does not provide advocacy or legal advice.

​

​Contact: Ms. Clendenin via email: kclendenin@odr-pa.org  

or call (Direct Line) 717-901-2174 - or - (Toll-free)  800-222-3353, select English or Spanish and choose option 6

 

Here are biography's of Pennsylvania Mediators:

https://odr-pa.org/mediation/mediator-bios/

​