Not all mediation sessions result in agreements. If an agreement is not reached, the mediator will certify to the parties and the Branch of Exceptional Education, in writing, that the mediation has been unsuccessful. The discussion during the mediation session is completely confidential and there will be no disclosure of any information given by either party. The only part of the mediation session that may be shared with other persons is the written agreement. The mediator will be excluded from participation in subsequent proceedings staffings, complaint investigations, and due process hearings.
Nothing occurring at a mediation session is admissible as evidence in a due process hearing.
The written agreement may be admissible in subsequent proceedings. No electronic recording of mediation sessions will be allowed, and no records of the proceedings will be kept other than written agreements in successful mediations. The purpose of mediation in special education and Section 504 is to provide an alternative to a due process hearing or complaint procedure investigation as a way to resolve conflicts, clarify issues and stimulate mutual problem-solving efforts between parents and school personnel. Even if an agreement is not reached, there is the potential of both parties leaving the session with an enhanced perspective of the issues and with the focus on the student. Most mediations result in better communication between the school and parents.