Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
Answer : The law requires that the mediation conference be scheduled at a time and place reasonably convenient to the parent and the student. The mediation conference is usually held in a local educational facility.
6. Question: Who will be the mediator?
Answer : The mediation conference shall be conducted by a person knowledgeable in the process of reconciling differences in a non-adversarial manner. He or she will be impartial and will try to help the parties reach a resolution of the dispute that will be acceptable to each party.
7. Question: What if one of the parties does not want to participate in mediation?
Answer : Mediation is based upon the commitment of all parties to try to reach a mutually satisfactory settlement. Mediation is encouraged because it is informal and non- adversarial and is more likely to lead to a lasting settlement of the dispute. However, participation in the prehearing request mediation is voluntary. If one of the parties declines the opportunity to participate, either party still has the option of requesting a state-level hearing.
8. Question: Must a party request mediation before asking for a hearing?
Answer : No. Requesting or participating in mediation is not a prerequisite to requesting a due process hearing.
9. Question: Will attorneys be allowed in the mediation?
Answer : The law provides that attorneys and other independent contractors who provide legal advocacy services shall not attend or otherwise participate in “pre -hearing request mediation.” They may, however, attend or otherwise participate during all stages of the hearing process (See “The Hearing Process” below).
10. Question: Can a party bring a non-attorney to help in the mediation?
Answer : Any party is allowed to be accompanied by and advised by non-attorney representatives in a mediation conference. A party may also consult an attorney prior to or after the mediation conference.
11. Question: What happens if the parties reach an agreement during the 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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