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These web sites offer more information about mediation:
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About the Author:
This research report on Opportunities in the ADR Field in Georgia was compiled by Jennifer Matte. Ms. Matte is Vermont Law School graduate. During law school, she completed an externship with the Consortium for Negotiation and Conflict Resolution. Her work with The Center for Legal Solutions, Inc. has primarily focused on the emergence of specializations within the ADR community.
Questions and comments regarding this research may be directed to jmatte@vermontlaw.edu. |
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Opportunities with the Special Education Mediation Programs
Complaints: Involve allegations that an educational facility or educator has violated requirements of Part B of the IDEA (Individuals with Disabilities Education Act)
(complaints typically involve a proposal or refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of a free and public education to the child)
Mediation: A parent who files a complaint along with the LEA shall
have the opportunity to voluntarily engage in mediation to resolve the issues within the complaint
[34 C.F.R. § 300.504 (a) (2)]
Mediation shall be available on request of either party to resolve disputes
Mediation shall be available and offered upon each receipt of a complaint or due process hearing request
Procedural Safeguards:
The legal rights of parents to mediation is contained in IDEA Section 300.504 (b)
IDEA 2004 includes a new mandatory “resolution session” that provides the parties with an opportunity to resolve their dispute before a due process hearing. (Section 1415(f)(1)(B))
The school district must send “the relevant member or members of the IEP team” who have knowledge about the facts in the parents’ complaint and a school district representative who has decision-making authority. The school board attorney may not attend the Resolution Session unless an attorney accompanies the parent. The parents and school district may waive the Resolution Session or use the mediation process.
Responsible Parties:
It is the responsibility of the LEA to ensure that procedures are implemented to allow parties to resolve such disputes through a mediation process
Formalities:
If the parties resolve a dispute through the mediation process, they shall execute a legally binding agreement that sets forth the resolution
The written signed mediation agreement is enforceable in any state court of competent jurisdiction, in a district court of the United States or through the State Complaint Process.
[34 CFR 300.506(b)(6) – (7); § 300.537]
Typical Issues:
Eligibility for SPED programs and services
How parents and schools interpret evaluation results
Whether programs and services meet the educational needs of a student
Whether IEP provisions are being appropriately followed
Who administers the program?
Who is the director and what is their title?
Mediation requests are submitted to GaDOE Legal Services
CONTACT: (404) 657-8376
Legal Services will assign the request to a mediator
Specific Contacts Include:
State Division of Special Education
George Department of Education
Director: Nancy O'Hara
Division for Exceptional Students
1870 Twin Towers East
Atlanta, GA 30334
404-657-9959
Fax: 404-651-6457
nohara@doe.k12.ga.us
State Mediation Coordinator
George Department of Education
Coordinator: Deborah Gay
Division for Exceptional Students
1870 Twin Towers East
Atlanta, GA 30334
404-657-9959
Fax: 404-651-6457
Who performs the mediations?
How is this determined?
Mediation must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques
[34 C.F.R. § 300.506 (b)(1)(i) – (iii)]
The Georgia Department of Education maintains a list of individuals who are
qualified mediators and knowledgeable in laws and regulation relating to the provision of special education services.
Mediators shall be selected on a random, rotational, or other impartial basis
[34 C.F.R. § 300.506(b)(3)(i) – (ii)]
Mediators and third party facilitators are utilized by school to assist with IEP team meetings to facilitate communication and support early resolution of disputes before a potential conflict has time to build
What are the requirements for training in order to mediate these disputes?
How much experience is suggested or required?
According to the GA Department of Education, the mediators utilized will be trained in basic conflict resolution, collaborative problem solving, and effective communication. The specialized requirements focus on knowledge and experience in the laws impacting the education of students with disabilities (IDEA, US Department of Education Regulations)
Current training programs offer training that focuses on special education law, rights and responsibilities. The training addresses the formalities of the IDEA and changes to the law made in 2004. Specific issues include IEP requirements, eligibility issues, and procedural requirements. There are also programs that focus on issues concerning students with Autism or Aspergers.
The United States Department of Education Office of Special Education Programs funds an organization entitled Direction Service
Direction Service is the lead agency for The Consortium for Appropriate Dispute Resolution in Special Education (CADRE)
CADRE provides a national directory of trainers and consultants for mediators who wish to specialize in special education mediation
Those listed offer mediation training that familiarizes the mediator with IDEA as well as state educational regulations
What is the pay rate for a mediator of this type? How is payment structured?
The State shall bear the cost of the mediation process
[34 C.F.R. § 300.506(b)(4)]
The Federal Department of Education provides IDEA funds to every state to be used for mediation services
Mediators will receive compensation from the GaDOE
The GaDOE has a set of mediators under contract
Where is this type of mediation performed?
Mediation sessions will be held in a location that is convenient to the parties to the dispute
[34 C.F.R. § 300.506(b)(5)]
The mediator will contact the parties to develop a timeline and set a location convenient to both parties
What is the typical volume of cases mediated?
According to a study by the American Institute for Research in the Behavioral Sciences,
“Due process hearings make up the majority of procedural safeguard activities with an estimated 6,763 cases across the US while an estimated 4,266 mediation cases were initiated”
(Findings are based on a review of data over the course of a year)
Additional Information on State Requirements:
Additional Information on Local Requirements:
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We recently hosted a special event for 
The Center for Legal Solutions Director Barry Edwards' Article on 
For the Dept. of Education's Special Education Dispute Resolution Program