Due to a recent amendment to IDEA , every state is required to have a mediation process available to attempt to resolve disputes without going through a hearing.
Mediation is already available in many states.
In mediation, parties meet with a trained mediator, who has no stake in the outcome of the dispute. In order to promote free discussion, statements made and offers extended during the mediation session may not be used in evidence at a hearing. Under the new IDEA provision, parents can choose not to participate in mediation and to go directly to hearing, but they must at least be given information about mediation and its potential advantages. In our experience, mediation can be a very effective way to resolve issues if the parties are already close enough in their positions to make it worthwhile. Thus, where the parents are seeking only a few more services within the public school program, mediation is often worth a try.