Mediation of Special Education Disputes in Pennsylvania

[Excerpt from Introduction]

This Article proceeds in four parts: first, it explores the power imbalance present when an attorney is prohibited from attending mediation. Second, this Article explains that attorney participation is essential for due process protection and how prohibition of such results is improper administrative rulemaking in Pennsylvania. Third, this Article rejects the unsubstantiated claim that having an attorney present in mediation creates an adversarial environment that is antithetical to effective mediation. Lastly, this Article argues for various proposals that could be adopted to seamlessly incorporate attorneys into the mediation process, providing parents with more equal bargaining power.