Mediation

What is the rate that you pay per mediation (inclusive of travel/parking/prep time etc)? How do you handle last minute cancellations either by the mediator, school or parent? Do you still pay the mediator if the school or parent cancels with less than 24 hour notice? How do you compensate the mediator if he/she arrives at the site and finds that one of the parties cancelled or did not show? If the mediation is held and then adjourned to a second day, how do you pay the mediator (i.e. do you pay the same rate/travel etc. for both days?)

Our state permits parties to bring attorneys to mediation.  We now have attorneys taking over the process and refusing to follow our policies and procedures for mediation.  We’re looking to see what other states do, and to beef up our policies and procedures to support our mediators in the process.  The following are some recent examples that have been relayed to me. 1. Parties show up at mediation with attorneys.  Attorneys advise mediator they are working on an agreement and they will be discussing separately, outside the presence of the mediator.  Then: a.

A parent has asserted that there exists a law that prohibits school attorneys from attending mediation if a parent does not have an attorney.  I have never been aware of such a law/rule.  I think  the parent has mistaken resolution sessions for mediations but is anyone aware of a federal law/rule that prohibits school attorneys from attending mediation if a parent does not have an attorney.  Also, are there any states that have such prohibitions?

How often are attorneys involved in mediation? How often are they representing the parent? How often are they representing the school?

What, if any, is your state's policy about including attorney's fees in the mediation agreement?

How does your state provide annual training for hearing officers and mediator? Do your states contract with an independent trainer, and if so, do you go through the procurement process that forces you to select the low bidder? Do you provide “in house” training with a trainer from your Department of Education or related entity? What amount are you paying trainers and what amount are HOs and mediators being paid for their services?

Have any of you had a request to record a mediation session as an ADA accommodation? What protocols do you have for addressing a request such as this?

Has your state seen a decline in the number of special education mediation requests filed since the COVID-19 pandemic began?  If so, do you have any theories as to the reason for the decline?  

Does your mediation and/or facilitation system pay for travel time and travel reimbursement? If so, what do you pay your roster for travel time and travel cost reimbursement (e.g., mileage, hotel, food)?

For those of you who provide facilitated IEP team meetings, how do you train your new facilitators as you add them to your panel?