What requirements must states meet in developing mediation procedures?
First, mediation must be voluntary for both parties. Second, mediation may not be used to deny or delay a parent’s right to a due process hearing, or to deny other rights guaranteed under IDEA. And, third, a qualified and impartial mediator who is trained in effective mediation techniques must conduct mediation. How does IDEA make mediation a viable alternative to parents and schools? IDEA requires states to pay for the mediation process and to maintain a list of qualified mediators who are knowledgeable about the laws and regulations pertaining to the provision of special education and related services. The state must also ensure that each mediation session is scheduled in a timely manner and held in a location that is convenient for the parties involved. Does mediation produce a legally binding resolution? If the parties resolve the complaint, they must execute a legally binding agreement. The agreement explains the resolution and states that all discussions that occurred during the
