Answer
Mediation
is an alternative way to settle a dispute without using the formal due
process hearing.
After a due process hearing request is made, but before the hearing actually begins, you and the school district may agree to consider mediation. The purpose of this process is to try to settle the dispute so that the hearing is no longer necessary. If you agree to mediation, certain rights pertain.
- You and the school district must agree on the mediator.
- The mediator assists you and the school district in coming to a resolution. The mediator may not impose a decision on you.
- If you and the school district develop a resolution, the mediator must give you a written description of the resolution.
- If you and the school district cannot reach a resolution, then the dispute goes through the hearing process.
- The mediation process to which you have agreed cannot cause a delay in the scheduling of the special education due process hearing unless you and the school district agree.
- Discussions occurring during mediation are confidential and may not be used in any subsequent due process or civil proceeding.
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