What Parents Should Know About Disability Mediation with School Districts

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Mediation is a way to resolve disagreements between parents and schools about a child's education—especially when it involves special education or disability-related services.

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What Is Mediation?

Mediation is a voluntary, confidential meeting led by a neutral third party (a mediator) who helps both sides:

• Talk through the disagreement

• Understand each other’s views

• Work toward a solution that meets the student’s needs

 

What is the difference between Mediation and IEP Facilitation?

Both mediation and IEP facilitation help when parents and schools don’t agree, but they work in different ways.

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IEP Facilitation
A facilitator helps the meeting go smoothly and keeps the team working together. The school still runs the meeting, chooses the date, and sends the invite. The facilitator stays fair and steps back when things are going well.

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Mediation
A mediator helps solve a specific problem between parents and the school. They aren’t part of the IEP team and only focus on helping both sides reach an agreement.

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When Is Mediation Used?

Mediation can be helpful if you and the school disagree about:

• Your child’s eligibility for special education

• The services or supports your child needs

• Placement (where your child receives services)

• Implementation of the IEP or 504 Plan

 

Why Choose Mediation?

• It’s free – provided by the state education agency. Parents are responsible for costs associated with attorneys and professionals representing them.

• It’s faster and less stressful than going to a due process hearing

• You have a voice – both sides work together to create a solution

• Agreements are written down and legally binding

 

How does it work? 

If parents and schools can’t agree on a child’s educational needs, the Office for Dispute Resolution (ODR) can provide a neutral, trained mediator to help find a solution. Most mediation sessions last 3–5 hours and result in a legally binding agreement.

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Each school district may bring up to 3 people, including someone who can make decisions. Parents can bring up to 2 people, such as an advocate. Attorneys do not take part in mediation.

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Mediation helps both sides understand each other, resolve issues, and maintain a positive working relationship.

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Your Rights in Mediation

• You can bring a support person, advocate, or attorney

• You can ask for disability accommodations (e.g., interpreter, accessible format)

• You do not have to agree to anything you're uncomfortable with

 

****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.

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What Happens at a Mediation Session?

• The mediator explains the process and sets ground rules

• Each side shares their concerns

• The mediator helps guide a respectful conversation

• If an agreement is reached, it’s written down and signed by both sides

 

After Mediation

• You’ll receive a copy of the agreement

• The school is legally required to follow it

• If no agreement is reached, you can still explore other options (like a due process hearing or state complaint)

 

Final Tips

• Be prepared: bring documents, notes, or an advocate

• Stay calm and focused on your child’s needs

• Ask questions if something isn’t clear

• Know that mediation is about collaboration, not blame

• It usually takes one mediation session to reach a mutual agreement. 

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For more details of Mediation and Due Process, download this guide titled Understanding Special Education Due Process. 

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Here are biography's of current Pennsylvania Mediators:

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