6.3 Mediation
6.3 Mediation aetrahan Fri, 03/03/2023 - 11:51Either the LEA or the parent can ask the LDE to appoint a mediator to help resolve any special education dispute between the parties.1 Like IEP Facilitation, mediation is voluntary so both parties must agree to participate in the process.2 The mediator will be selected on a rotational basis from a list maintained by the LDE and must be knowledgeable about special education laws and regulations. The mediation may extend over multiple sessions.3 If the mediation process is successful, the result is a written, signed mediation agreement enforceable in court.4 The discussions that occur within the mediation process are confidential and cannot be used as evidence in subsequent due process hearings or civil proceedings.5 Mediation may be requested independently prior to engaging in other forms of formal dispute resolution or within the early resolution periods that are required as part of the formal written complaint or due process hearing procedures.6