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Special Education
Mediation
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Mediation and other dispute resolution service efforts, other than formal due process
hearings, are encouraged as speedy and satisfactory methods of settling a dispute.
If a parent or guardian is in disagreement with the school departments evaluation, program or placement
of their child they may participate in mediation. Mediation is a flexible, informal way of resolving
disputes through understanding and compromise of the varying view points. Parents, guardians or the
school district may request mediation by submitting a written request to the Due Process Coordinator,
Maine Department of Education, #23 State House Station, Augusta, ME 04333 and provide a copy to
the Superintendent.
Benefits of Mediation
Mediation has many benefits for parents, educators and providers, including:
- Families can maintain an ongoing and positive relationship with the school or Child Development
System and benefit from partnering with educators or service providers in developing their child’s
program.
- Conflicts that arise out of misunderstanding or lack of shared information can be resolved through
mediators helping parents, educators and service providers to communicate directly with one another.
- Special education and early intervention issues are complex and can best be solved by working
together.
- Mediation tends to be faster and less costly than adversarial approaches such as due process hearings
and court proceedings.
- Mediation results in agreements that participants find satisfactory and research shows that people
tend to follow the terms of their mediated agreements.
Other Considerations
Mediation may have a few drawbacks or limitations worth noting. These drawbacks or limitations
include:
- some people may not feel comfortable addressing the conflict so they are quiet or not as open as
they need to be, thus, negating the purpose of mediation,
- others feel that if you do not reach an agreement this may be damaging to future litigation as
facts may have been disclosed prematurely,
- you may access mediation only once per issue.
Once mediation has been requested what happens?
After receiving the request for mediation, the Due Process Coordinator appoints a mediator. A letter
will be sent to all parties concerned informing them of when and where mediation will take place.
Whenever possible mediation is held within 30 days of receipt of the request.
Do I need to submit any information prior to the mediation date?
No. Any information should be provided at the mediation session.
Who attends mediation?
Only those persons necessary to discuss the relevant issues surrounding the dispute may attend the
mediation session. The mediator may limit the number of people who participate in the session. Parents
may bring, if they choose, a parent advisor for support. An administrator of the school district who is
able to commit resources and make a decision, as well as staff who have knowledge of the student
should attend.
What does the mediator do?
The mediator's job is to lead the meeting and make decisions about how the session will be conducted.
The mediator does not make the decision about how your issue may be resolved.
What happens at the end of a mediation session?
- An agreement is reached by both parties that is documented by the mediator and signed by
the school department and the parent(s}. A date is set for a PET to amend the IEP to reflect
the agreement, or
- Mediation is recessed until a later date to access more information so an agreement may be
reached, or
- The session is ended without reaching agreement and the Department of Education is
informed that the partners involved could not come to agreement and they proceed to a due
process hearing.
Mediation Ground Rules
- Mediation is voluntary.
- All parties should attend mediation with the intent on reaching an agreement.
- There will be no written record of the discussions.
- There will be written agreement if one is reached.
- Someone on both sides must have authority to make decisions and reach an agreement.
- Prioritize your issues.
- Write down information that is pertinent to the dispute
- Schools may not be represented by an attorney at a mediation session unless
the parents are represented by an attorney.
- Know what issues are most important to you.
- Be creative in offering solutions.
This fact sheet was prepared by the Maine Parent Education Consortium, funded through a grant
from the Maine Department of Education under I.D.E.A
Member organizations of the Consortium include:
Augusta School Department/Schools Need Parents
Autism Society of Maine
Community Health and Counseling Services
Learning Disabilities of Maine
Maine Parent Federation/SPIN
Southern Maine Parent Awareness
