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Statewide Parent Training Information Center (PTI) |
- What is Mediation?
When parents and school personnel disagree about the educational program for a student with special needs, either party may request a mediation to help them resolve their dispute. Mediation is a voluntary, optional alternative to a Due Process Hearing. Funded by the Office of Superintendent of Public Instruction, mediation is available statewide at no charge to parents or districts.
Mediation is a form of dispute resolution in which an impartial mediator assists disputing parties in a collaborative problem-solving process. Mediators help parents and school personnel resolve conflicts, clarify issues, and develop mutually acceptable agreements to best meet the educational needs of the students.
- How does the process of mediation work?
Mediation may be requested by either party by calling the program administrator, Sound Options Mediation and Training Group, LLC. The intake coordinator will work with the parties to identify the necessary participants and determine a convenient date, time and location for the mediation. Written confirmation will be sent to the participants and a mediator will be assigned to the case.
During the mediation, the mediator provides both parties the opportunity to present their views of the conflict. The mediator does not make decisions or settle the dispute. The mediator helps the parties develop solutions which they believe are best for the student.
- By agreeing to mediation do I give up my chance to pursue a due process hearing?
No. By agreeing to mediation, neither party waives the right to a due process hearing or other legal action. Negotiations, mediation positions, etc., disclosed in a mediation shall not be used as evidence in a due process hearing or other administrative review unless one party to the mediation violates the agreement.
- Can I bring an advocate or an attorney with me to mediation?
Yes It is also a good idea to bring someone with you, and an advocate is allowed to attend.
- What if I or my advocate can't attend the mediation on the scheduled date or time?
You should contact the school or the district to find mutually agreeable times and dates that would allow you and your advocate to attend. Because mediation is a voluntary process, the school cannot hold the mediation without you, or force mediation to go ahead without your advocate, if it is scheduled when they cannot attend.
- Do I have to wait for several weeks before I receive a mediation agreement?
No. The agreement is drafted and can be signed by both parties at mediation. They can be as specific or as general as both parties agree upon. Because the process is long and somewhat cumbersome, we encourage you to at least insist on calling an advocate about the agreement before signing it.
- I am happy with the mediation agreement, but the school is not doing what they agreed to. Can I enforce the agreement?
No. The mediation agreement is not legally binding or enforceable. Each party enters into this agreement voluntarily, to "sincerely attempt to resolve the issues of this dispute". If the school is not following through and breaks the agreement, you may need to proceed with a due process hearing, a citizens complaint, or a complaint to the Office of Civil Rights.
For more information please contact WPAS, PAVE, Sound Options or OSPI.
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