Mediation
Mediation is an avenue that is available to both you and the
school. The mediation process is voluntary. The cost specific
to the process shall be incurred by the Maine Department of Education
(MDOE), Office of Special Services. However each party is responsible
for their own costs related to preparations, attendance and travel
expenses. Mediation cannot interfere with the parent's right to
a due process hearing nor with the 30 day time limit in which
a due process hearing must be completed. It is important to note
that any discussions that occur during mediation are confidential
and may not be used as evidence in any subsequent due process
hearing(s) or civil proceedings. Mediation is also offered by
complaint investigation.
| "Mediation shall
be conducted by a qualified and impartial mediator who
is trained in effective mediation techniques and knowledgeable
in laws and regulations relating to the provision of
special education and supportive services. A list of
mediators and their qualifications is available from
the Department" (MSER, Chapter 101, Section 13.4,
p. 81) |
|
Typically in mediation the following occurs:
- A representative of MDOE will contact you to ask if you are
willing to try mediation. If both parties are willing, this
will be followed up with documentation from MDOE notifying you
and the school of the date, time and place where mediation will
take place.
- During the first part of mediation you will give your version
of what your issues are and how you think they could be resolved.
This is usually accomplished through a brief oral history of
the issues. The school will then do the same.
- After this has taken place, either you or the school will
leave the room (caucus) and the mediator and the remaining party
will begin the discussions of what, if any, items you might
negotiate or compromise on. This process will occur with both
parties.
- The mediator will then go back and forth between the two
parties in an effort to reach a resolution. There are no time
limits, and this is usually left to the discretion of the mediator.
At the end of the mediation, hopefully, a compromise will have
been negotiated. This binding agreement will be drawn up by the
mediator and signed by both parties. This agreement will be carried
into a Pupil Evaluation Team (PET) meeting scheduled for the purpose
of updating and implementing the student's Individual Educational
Program (IEP) to include the requirements set forth in the mediation
agreement.
(NOTE: Mediation agreements don't always need to be incorporated
into the IEP.) It is important to be aware that you do not have
to bring an attorney with you into mediation, although an advocate
or other person knowledgeable about special education may accompany
you. You should also be aware that if you choose to bring an attorney
with you, then the school has the right to also bring an attorney.
It should be noted that MDOE contracts with a number of mediators
who are trained to mediate special education issues. Each mediator
has their own style and the process outlined above may vary slightly
with each.
FMI See MSER Chapter 101, Section 12.11
I, page 71.
| "An agreement
reached by the parties to the dispute in the mediation
process shall be set forth in a written mediation agreement
which will be incorporated by reference into the student’s
IEP and will be binding on all parties to the agreement."
(MSER, Chapter 101, Section 13.4, p. 81) |
|
| "Parents may be
accompanied to the mediation by an advocate or other
person knowledgeable in providing special education
services. School personnel with authorization to commit
resources and personnel involved with the dispute shall
attend any mediation. School administrative units may
be represented by counsel in mediation only when the
parents are represented by counsel. An attorney representing
a parent shall provide the superintendent of the school
administrative unit and the Due Process Office of the
Maine Department of Education with at least 7 days written
notice prior to the mediation that they will be representing
the parent at the mediation. Parties may consult with
their attorneys prior to and after engaging in mediation."
(MSER, Chapter 101, Section 13.4, p. 82) |
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