Mediation

We have reached an impasse with the school system, and they are recommending mediation? Is this a good sign?

Not necessarily. The schools are required, by law, to inform the parents about the availability of mediation after a due process hearing is requested.

There are many reasons why a school district goes to a mediation:

• To go through empty procedures so that they look reasonable and willing to work things out, when, in fact, they're not.
  
• To secure information that they can use against the parent in a hearing.
  
• To get a handle on parent/parent advocate/parent attorney's way of operating/style.
  
• Because they've been ordered to by the school board and/or outside insurance carrier.
  
• To see if there's some way to avoid the cost/hassle of a hearing and possible appeal and federal court litigation.
  
• To try to work things out because they don't want conflict/aren't really sure why the parent is ticked off.
  

These are also the reasons why you may be there.

Remember: Mediation is voluntary and free (except for your attorney or advocate's fees) so you can/should use it as another way to get what you need for your kid -- even if this is just information about how the other side works.

If you do go to mediation, be prepared:

The other side has probably worked out roles to play well in advance. You should do this too.

Some questions that might get you some good answers:

"Oh, by the way, I've never been able to find the research documenting your program, methodology, etc. What is it?"


You can come up with some good lines that will always get the school's team off balance.

"How much progress do your classified students make in reading every year?"

"How many disabled students graduate with _________ (college prep.) diplomas every year in your district?"

"Well, we know the feds require that districts have outside, independent evaluations of their Title I programs every year. So, how much progress do kids in your Title I program make every year in reading and math?"

"How many disabled kids do you declassify each year?"

If the district's lawyer has lost a noteworthy case lately, be sure to ask about it.

If the district's budget is in trouble, ask whether they expect special ed parents to support the budget -- and why.

Ask about a proposed bond issue for new construction and whether there was community support for the bond.

Know What You Want

Of course, you've worked out your list of:

• Absolute minimum stuff -- really critical -- without which you won't settle.
  
• Nice stuff that you can, if necessary, do without.
  
• Pie-in-the-sky demands that you will use as "throw aways."
  

If the other side demands to know why you want something, you may say, "Well, if you want to get technical, we should do it in a hearing" -- so you avoid giving away important information.

Points to Consider

1. You can ask for things in a mediation that you cannot get or would not be entitled to in a hearing.
   
   
2. For example you can ask that a specific outside person be appointed as a binding decision-maker for the next year when the parties cannot agree on something (if there is a cost, this would be at district's expense). You may ask the district to pay for a specific person to do something for the child, in or out of school.
   
   
3. Whatever the cost to you, there is always a cost to the other side in litigating. This cost may (or may not) be much, much higher than yours.
   
   
4. If you have a real difficult person on the other side (special education, administrator, superintendent . . . ) and it is unlikely that settlement will solve the real problem, ask for specific protections against retaliation and harassment in any settlement you work out, with financial penalties for violations and an outside independent person to decide the issue without having to go through another mediation and hearing. You may also consider asking that someone other than the difficult person be appointed to handle your child's special ed issues in the future, without any intervention from the difficult person, whoever it is.
   
   
5. Don't be afraid. Nothing that happens in a mediation is binding. You can make every mistake in the book -- and make the other side think that they're going to walk all over you in a hearing -- learn from your mistake(s), do everything completely differently in a hearing, and blow them away.
   

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