What is Mediation?
Mediation is an alternative approach to the traditional methods of resolving disputes. Mediation is a voluntary, confidential, interactive process that enables disputants to work through issues of importance that are causing conflict between them. During a mediation session, an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding.
TEA provides an opportunity for mediation in all special education due process cases. Mediation is a different way of settling a disagreement. The parties have the help of an unbiased, independent person who is knowledgeable about special education, an attorney and a trained mediator. The mediator will help the parties try to find a solution that is acceptable to both parties. In a due process hearing, someone will win and someone will lose. In mediation, the parties work together to try to find a solution that will satisfy both parties. The parties decide whether or not the disagreement is settled. If the parties try mediation but can’t reach an agreement, they still have the right to continue with a due process hearing. The Hearing Officer for the due process hearing will not be the same person who was the mediator. For more information about mediation – including how to request mediation, and how to prepare for mediation – go to TEA’s website at http://www.tea.state.tx.us/special.ed
Divorce is one of the most traumatic transitions individuals can experience. The end of a marriage can feel like a failed dream, where one or both parties are usually very hurt; when children are part of the marriage, they can also suffer. Traditionally, the route towards divorce involves each party engaging an attorney to represent their best interests. In our system, this means each party has engaged someone to “win” for them. By the very nature of the system, the negotiations are almost always confrontational. When most divorces are finalized, one party may feel they have won while the other party may feel they have lost. Sometimes the decision by a judge imposes a settlement that neither party is happy with, but having gone to court they must follow the decision. Mediation is an alternative route towards divorce in which both parties are present with a mediator. The parties themselves, with the mediator’s help, come up with a mutually satisfactory settlement arrangement. Even if th
