Mediation offers the parents of a child with a disability and representatives of the school a chance to talk together in hopes of finding a way to solve a disagreement about the child’s education. Parents and school representatives talk with the aid of a trained special education mediator from a local mediation center. Mediation is voluntary and only takes place if both parties agree to meet.
Who is at the mediation?
The parent, a representative of the school district and a mediator from a Community Dispute Resolution Center must be present. Other people may also be present, but the parent and school must agree on who attends.
What happens at mediation?
- Meet: Everyone meets at an agreed time and place. All Mediations in NYC are virtual, although in person meetings may be arranged by request.
- Talk: The school representative will listen to parent concerns and share the school’s concerns. The parent and school search for ways to solve the problem by talking and listening to each other.
- Agree: Any agreement reached is put into writing and signed. The Committee on Special Education (CSE) must accept a written mediation agreement and will amend the Individualized Education Program (IEP) based upon the agreement. Meditation agreements are binding and can be enforced.
How does mediation work?
- Mediation is a free local service. Mediation is supported by a trained mediator from a local community mediation center.
- Mediation is confidential, so information shared can’t be used at an impartial hearing.
- Mediation is unbiased. The mediator is neutral and does not represent any person. The mediator encourages all sides to talk and listen so everyone’s view can be heard.
- Mediation is supportive. It offers a nonthreatening, safe environment, which encourages a respectful conversation between parents and schools.
- All decisions remain in the hands of the participants.
- Asking for mediation does not stop the parent from going forward with other ways to solve the problem, such as an impartial hearing or state complaint.
What is an impartial hearing?
- Impartial hearings are legal proceedings and are conducted in front of an Impartial Hearing Officer who will reach a decision that favors one party over the other.
- Impartial hearings are usually held with attorneys. As hearings are based on facts and procedural issues, attorneys attempt to argue for their case and find fault with the other party’s positions and issues.
- Rules of evidence hold. Information each party intends to present must be presented beforehand and the proceedings must stay within the framework of that evidence.
- Decisions are made by the Hearing Officer. Other than appealing the decision, parties have no control over the outcome.
- Hearings can take a significant amount of time ranging from a few months to almost an entire school year.
- At a hearing, the parties speak to the Impartial Hearing Officer (IHO), not each other. The IHO determines a winner and a loser.
Where can I find a mediation center?
Bronx
The Bronx Mediation Center of CLUSTER
(914) 963-6440
info@clusterinc.org
Brooklyn
New York Peace Institute
Brooklyn Mediation Center
345 Adams Street, 9th Floor
Brooklyn, NY 11201
(718) 834-6671
info@nypeace.org
Queens
Community Mediation Services, Inc.
89-64 163rd Street
Jamaica, NY 11432
(781) 523-6868
www.mediatenyc.org
Manhattan
New York Peace Institute
Manhattan Mediation Center
111 John Street, Suite 600
New York, NY 10038
(212) 577-1740
info@nypeace.org
Staten Island
NY Center for Interpersonal Development
(SI Dispute Community Resolution Center)
130 Stuyvesant Place
4th Floor
Staten Island, NY 10301
(781) 720-9410
See also, the website for the Special Education Dispute Resolution Center (SEDRC), a program of the NYS Department of Education, Office of Special Education, managed and administered by the New York State Dispute Resolution Association (NYSDRA, Inc.).