Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
FAQs regarding Mediation
1. Question: What is the difference between a pre-hearing mediation conference and a hearing?
Answer : A mediation conference or alternative dispute resolution conference is an informal meeting by which the parents, the school and an experienced impartial mediator attempt to resolve the dispute in a nonadversarial atmosphere. State law currently allows for two types of mediation: 1) a pre-hearing request mediation or 2) a mediation that is scheduled when there is a request for a due process hearing. The parties’ rights under each type of mediation are different and are discussed in more detail below. A hearing is a more formal procedure where all parties are given a chance to present their evidence and argument before an impartial hearing officer. The hearing officer then makes the final administrative decision concerning the matter in dispute.
2. Who may request a mediation conference or hearing?
Answer : The parents, including guardians, of a disabled child or child suspected of having a disability and the LEA may ask for a mediation conference or hearing. In some cases, the disabled child may ask for a mediation conference or hearing.
3. When may a mediation conference or hearing by requested?
Answer : A mediation conference or hearing may be requested when there is a dispute between a parent and a public agency providing special education services regarding a child’s eligibility for special education, need for assessment, and/or the child’s program and services. Please note, these procedural safeguards describe two potential opportunities for mediation. A party may request a mediation conference prior to, or without requesting, a hearing. This is known as “pre - hearing request mediation.” The “pre - hearing request mediation” is included in the law to encourage parties to resolve disputes prior to requesting a hearing. Alternatively, if a hearing is requested, a mediation conference is automatically scheduled as part of the process, unless mediation is waived by one of the parties.
Pre-Hearing Request Mediations
The following questions relate to pre-hearing request mediations, i.e., mediations requested prior to, or without requesting, a hearing.
1. Question: How does one request a mediation conference?
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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