Special Education Mediation
The Dispute Resolution Center’s Special Education Mediation Program is a program of the New York State Education Department, Office of Vocational and Educational Services of Individuals with Disabilities. Special Education Mediation is a process by which parents of children with disabilities and school districts meet with a neutral person, a mediator, to work out their differences. It is often chosen instead of an impartial hearing as a way of resolving disagreements about a student’s special education placement, services, evaluation, or classification. In most cases, the mediator is able to help develop a solution that is acceptable to both the parent and school in a way that:
- Allows all concerns to be heard
- Builds trust and improves communication
- Explores creative solutions
- Gives everyone a chance to have an equal say in all decisions
Mediation is a free and voluntary process, and although there may be a resolution at the end of the mediation, the mediator does not make any decisions or judgments. You do not lose in mediation because you only sign the agreement if you agree to what is written. Mediation often requires a degree of give-and-take, but at the end of the day, that outcome is often far better than the roll-of-the-dice element of an impartial hearing.
The mediators have an understanding of special education law and the school systems of New York State. Special Education Mediators are not employed by either school districts or the New York State Education Department. They are professionals from various occupations and have had extensive conflict resolution training and mediation experience at local Community Dispute Resolution Centers ( CDRCs ).
Assuming an agreement is reached; the final written agreement is binding upon the parties and is enforceable in court. All discussions and notes from the mediation are confidential and cannot be used as evidence in any further proceedings. Instead of going through the formal channels, why not try to settle things in a less confrontational way?
For more information, please feel free to look online at www.nysdra.org