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 procedu

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. Parties execute an agreement and refuse to provide it to the mediator; or b. Parties execute an agreement that is provided to the mediator that merely states that the parties did execute an agreement to resolve their issues; or c. Parties execute an agreement that merely states the parties agree to resolve the issues. 2. Mediation is conducted, and the attorneys draft the mediation agreement. Then: a. Parties refuse to provide a copy of the signed mediation agreement to the mediator; or b. Attorneys later blame the mediator for terms in the agreement that were not what they intended (despite the fact that they, not the mediator, drafted the agreement). We have a few relatively new mediators, and we have been encouraging them to take control of the process and not let the attorneys take over.  Our procedures do require that mediators upload agreements into our database, including statements that no agreement was reached.  Mediators should control the process.  If the parties don’t want to mediate but would rather engage in other settlement negotiations, they are free to do so. Questions: 1. In your state, is a copy of the mediation agreement provided to the SEA? 2. How do mediators handle situations described above? 3. How would your state report mediation agreements on the federal report if it merely says the parties agree to resolve the issues, or say they have resolved the issues without identifying the specifics as seems to be required in 34 CFR 300.508? 4. Any other suggestions?