Mediation

One individual has filed more than 90 complaints with our office. In addition to complaints, the individual has filed more than half a dozen due process hearings, dozens of public record requests, and continually contacts all levels of our agency and OSEP. I’m interested in hearing how others have or would handle a situation. 

 How other states are using their dispute resolution data to inform their monitoring process/general supervision system and are any states that collect mediation and settlement agreements and use that data to inform monitoring or general supervisory authority investigations if those agreements indicate potential systemic noncompliance?

We have a mediation case where a parent has requested mediation regarding an 18-year-old student. The district is open to mediate, but the parent does not have guardianship.

• Does the student need to be a part of intake and also attend the mediation? 
• Do we need the parent to have guardianship in order to sign a Mediation Agreement? 

We are exploring options for managing mediation and facilitation.   We are interested in finding out more about how other states approach balancing the independence of these processes and the need for SEA oversight.  Any information you can provide on the following questions would be greatly appreciated.

Would there be any states that have facilitated IEP meetings that would be willing to share information about the process used for these meetings. Some of the specific things I’m wondering are:

• What qualifications do you require for your IEP Facilitators?
• Are the IEP Facilitators hired by the SEA?
• What is the process for LEAs to have an IEP Facilitator assigned?
• Any other information regarding the process for Facilitated IEP meetings used in your state

I am reaching out to ask whether anyone currently sends out evaluations following a mediation.  I am interested in learning how others gather feedback on both the mediator and mediation process. 

Any insights or examples would be greatly appreciated!

What is the typical wait time between mediation request and mediation (in days) in your state?

We recently had a situation in mediation, where the mediator realized they had previously worked with the district special education director, although in a different district than the current district going to mediation. They were not close colleagues, but out of an abundance of caution we canceled the mediation and reassigned it. This has raised a couple question:

Does your state assume the liability for contractors, or do you require contractors to carry insurance? If so, what are the thresholds?