Questions and Answers on Meditation

How long does the mediation process take?
Depends on a number of factors:

• type and complexity of issues presented;
• availability of the parties;
• willingness of the parties to cooperate;
• individual techniques used by the mediator.

The length of the mediation process cannot be used to extend the 45-day deadline to issue a due process hearing decision unless both parties agree.

Where are mediation meetings held?
Mediation meetings must be scheduled in a timely manner and held in a location convenient and accessible to the parties.

Who bears the cost of paying for the mediation process?

• The State bears the cost of the mediation process required under the IDEA, including the costs of other meetings to discuss the benefits of mediation, and the fee charged by the mediator.
• States have the option to offer mediation at other times not required by the IDEA at their discretion.

Who may participate and attend the mediation meeting? May parents or public agencies bring their attorneys to mediation meetings, and if so, under what circumstances?

• Both parties need to be satisfied with the arrangements for conducting a mediation meeting, including designation of the participants at the meetings.
• Either party has the right not to participate in the mediation process for whatever reason, including dissatisfaction with the participants slated to be in attendance, including attendance by attorneys.

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