Mediation

Mediation is a voluntary process in which an impartial, qualified mediator helps a parent and an LEA attempt to resolve a special education disagreement. It may be used whether or not a due process complaint has been filed. Special Education Services (SES) provides Alabama’s request materials and administers the process under IDEA.

• IDEA, 20 U.S.C. §1415(e)

• [34 CFR §300.506, mediation](https://sites.ed.gov/idea/regs/b/e/300.506)

• Alabama Administrative Code, Chapter 290-8-9

Either party may request mediation, but both parties must agree to participate. Mediation must not be used to deny or delay a parent’s right to a due process hearing or any other IDEA right. The state bears the cost of the mediation process; the mediator must be impartial and knowledgeable about special education law.

Before the session, identify the specific issues, assemble relevant records, and ensure that participants have authority to discuss and commit to a proposed resolution. Prepare to discuss the child’s needs and workable actions rather than requiring a parent to abandon a legal position as a condition of participation.

Discussions during mediation are confidential and may not be used as evidence in a later due process hearing or civil proceeding. If the parties resolve the dispute, they sign a written agreement setting out the resolution. A signed mediation agreement is legally enforceable in an appropriate state or federal court.

If no agreement is reached, continue to meet the child’s IEP and other legal obligations. Do not present participation in mediation as an automatic pause of a state complaint, due process proceeding, or implementation timeline.

• Describing mediation as mandatory before filing a complaint or seeking a hearing

• Entering mediation without staff authorized to implement an agreement

• Recording informal promises without a clear written agreement

• Assuming mediation discussions may be used later as hearing evidence

ALSDE Dispute Resolution  https://www.alabamaachieves.org/special-education/dispute-resolution/  current Mediation Request and parent guide.