The mediator's role is to facilitate the decision making process. His or her job is to clarify issues, concerns, and possible solutions as well as to maintain a respectful and non-adversarial atmosphere. In addition to maintaining a nonadversarial relationship between parties, mediation is less costly than typical due process hearings. In Virginia, the State will pay the initial expenses of the mediator so there is no cost to the parent. Parties typically do not use an attorney although they have the option of doing so.
Mediation is also more time efficient.
States are just now starting to collect data to evaluate the effectiveness of mediation in special education disputes. Parents should understand, however, that mediation may not always work and not all cases are suitable for mediation. The process cannot delay or deny a parent's due process rights. If the mediation is not successful, parents may ask for a due process hearing. In order for mediation to be successful, there must be a mutual commitment to reach agreement, openness during the process, and a sense of trust that the other party is committed to a solution as well.