How is mediation different from due process hearings?
Mediation and due process hearings under the IDEA are similar in that both may be initiated for similar disputes and the goal of both is to achieve resolution of the disputed issues. Both processes are initiated by either a parent or a public agency and in each process both are conducted by an impartial individual. Both mediation and due process hearing procedures may be about any matter in proposals to initiate or change the identification, evaluation, or educational placement of a child with a disability or the provisions of FAPE to the child. Also, both mediation and due process hearings may be about refusals to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child with a disability. See, 34 CFR ยงยง 300.506, and 300.507. While mediation and due process hearings have similarities, they are different in many important ways. Under mediation, parties establish the ground rules and identify their potential remedies a
