Creating Dialogue

PROCEDURAL SAFEGUARDS: MEDIATION AND RESOLUTION SESSIONS - Statute

3. Adds mediation requirements.
In the case that a resolution is reached to resolve the issues in the request for a due process hearing through the mediation process, the parties shall execute a legally binding agreement that sets forth such resolution and that:
  • States that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;
  • Is signed by both the parent and a representative of the agency who has the authority to bind such agency; and
  • Is enforceable in any state court of competent jurisdiction or in a district court of the United States.
[615(e)(2)(F)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your experience, what is involved in mediation?


  2. What benefits might accrue from using mediation?


  3. Are there any drawbacks to using mediation, and if so, how might they impact the process?


  4. What is your understanding of the scope of confidentiality?


  5. What are the repercussions of not maintaining confidentiality?


  6. How might the participation of parents and LEAs be impacted, given that the agreement drafted during mediation is enforceable in state or district court?


  7. How might this legal enforceability increase the likelihood of parties believing they need to be represented by legal counsel?


Application Questions

  1. What types of professional development might be helpful to ensure good partnerships are established between parents and school personnel, so the need for mediation is minimal?


  2. What type of training might districts incorporate to ensure school personnel understand the process for mediation?


  3. What policies and procedures might a state issue to ensure that confidentialityagreements are kept by the parties?


    These questions were developed by the following stakeholders working together:

    Role: National Family Advocacy Organization
    Location: Minnesota
    Role: Assistant Superintendent
    Location: Michigan
    Role: Family Advocate
    Location: Maryland
    Role: National TA Provider
    Location: Oregon
    Role: Principal
    Location: Virginia
    Role: State Education Agency
    Location: Pennsylvania
    Role: TA Provider
    Location: Washington, D.C.
    Role: Family Advocate
    Location: Tennessee