Mediation

Where Should You Start?

When problems or misunderstandings arise in special education, the first step is for educators or administrators to meet with the parents. Very often, misunderstandings can be straightened out and a subsequent education team meeting may complete the process.

If a parent objects to a proposed individualized education program (IEP), the district must offer to hold a conciliation conference with the parent within 10 calendar days of the objection as well as provide information on other dispute resolution options.

The National Center on Dispute Resolution in Special Education (CADRE) provides a series of videos designed to support effective collaboration between parents, educators, and early childhood programs. View CADRE’s Working Together web page to see the videos.

If you have held more than one meeting and problems have not been resolved, you may want to consider mediation. The Minnesota Department of Education provides special education mediation services at no cost to the district or parent. Mediation is voluntary and can be requested by the district or the parents. Download and complete a Request for Mediation form and return it to us to begin the process.

What is Special Education Mediation?
 

Mediation is a voluntary process where an impartial third person, a mediator, helps parents and districts resolve their disputes. The mediator works to keep the entire education team focused on your child’s needs, to improve trust and team communication, and to assist the team in producing a special education program that everyone agrees upon.

Mediation saves time and money, and the process helps to repair relationships and create long lasting agreements. Because a solution is not ordered by a complaint investigator or judge, but instead is mutually agreed upon, the participants are generally more satisfied with the outcome.
 
Who Participates in Mediation?
 

Mediation is an informal, problem solving process and does require the attendance of the entire IEP team. Typical participants include the parent(s), the student (if appropriate), educators who have direct experience with the student and who have knowledge of the student’s programs and services, and a district representative with decision-making authority.

What is the Mediator’s Role?

The mediator is impartial and does not make decisions or provide legal advice. Their role is to help the parties mutually agree on a solution to their issues.

A mediator helps the parties have a constructive, forward-looking conversation about the issues and lead a problem-solving session to find an acceptable resolution for all.
 
How Long Does the Mediation Process Take?
 

Once MDE receives a completed request form, the process takes approximately three weeks to complete. Mediation usually ends with a written agreement with the participants.
  • Request for Mediation Form - 5/16/18
    To request mediation, fill out this form electronically and return to MDE.
  •  - 9/22/16
    Frequently asked questions about mediation.
  • How to Prepare for Mediation - 8/24/12
    Suggestions of steps to take before mediation and brief overview of the mediation process.

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