• Mediation is a process in which a neutral third party assists people in resolving their disputes. • Mediation is facilitated negotiation. • Mediation encourages mutual respect, promotes communication, and contributes to a more positive working relationship in the future. • Mediation is an option for early conflict resolution required by state and federal law to be available for parents of children with disabilities and schools. • A neutral, trained professional (a mediator) helps parents and school districts resolve their disputes in an informal meeting. • Mediation is voluntary. Either the parent(s), school district or the mediator may end the mediation at any time. • The mediator does not make a decision for the parties, unlike a judge or a due process hearing officer. • The mediator helps the parties do the following: • Identify issues • Discuss viewpoints • Generate options • Create solutions agreeable to all • When parties resolve all or some of the issues, then they work together to write an agreement. They both sign the agreement. Parties may ask an attorney to review the agreement before signing. If the parties are not comfortable with the agreement, they should not sign it. • The signed agreement is a contract and is legally binding.

A parent, adult student, or school district administrator (or someone they designate) may requestion mediation by completing the Mediation Request Form.(https://draft.wsems.us/request-for-mediation) One party can submit the request on its own, or both parties may submit the request together.

WSEMS notifies the other person you have identified on the request form. The non-requester is given the opportunity to learn more about the process before deciding if they would like to participate or not. The mediation process is voluntary. Once notified, the non-requested has five business days to decide whether or not to participate.

Mediation is a free process for both parents and schools if they use the services of a mediator on the WSEMS list. The WSEMS pays the mediators with grant funds from the Wisconsin Department of Public Instruction. If the participants choose to use a mediator who is not on the WSEMS list, the participants are responsible for the mediator's fees. The parties are responsible for their own costs, if any, such as attorney's fees or travel expenses.

WSEMS has a list of experienced mediators who are located statewide. The mediators come from a variety of professions, including law, social work, psychology, and education. None of the mediators are currently employed by a school district or DPI or affiliated with a parent advocacy group. They are skilled in mediation with a working knowledge about the special education process. All of the mediators have completed a five-day training on special education law and policy and the mediation process. Each year the mediators receive additional training. Visit our Mediator/Facilitator Bio Page.

Parties begin by reviewing the mediator biographies on our website. (https://draft.wsems.us/team)The intake coordinator is also available to answer general questions about the mediators. Both parties must agree on the mediator. The intake coordinator helps facilitate the processm but the final decision is made by the parties. Each party may nominate one to three mediators. These names are shared with the other party to see if there is agreement. If there is no initial agreement, each party will be asked to consider the other party's nomination. If agreement is still not reached, the intake coordinator will provide additional mediator names for consideration. Mediation is voluntary and collaborative process. A mediator is never assigned without the agreement of both parties, and the goal is to select someone everyone feels comfortable working with.

The first mediation session is held within 21 business days after the mediator is agreed upon by the participants, unless both parties agree to a longer timeframe. The mediator works with the participants to find a convenient location, date, and time upon which all participants can agree. Mediations may be held virtually, in libraries, community centers, the school, school district offices, attorneys’ offices, or other locations agreeable to the participants. The parties work with the mediator to schedule the session.

A Mediation session looks like a meeting with the participants sitting around a table or virtually on screen together. There is no written, audio, or video recording of the session. The atmosphere is informal and conversational. The mediator explains the mediation process and the mediator’s role. The mediator helps set the agenda for the meeting and asks each participant to explain why they are in the mediation and what they would like to see happen in the mediation. The mediator may ask questions to clarify, brainstorm, or create options; the mediator does not provide legal advice or advocacy to either party. Anyone may ask the mediator for a break at any time, or the mediator may decide to call for a break. Any participant or the mediator may ask for a private meeting (a caucus) with the mediator or with certain participants. The parents and school district representatives work together to write down how they have decided to resolve their dispute. They both sign this written statement, which is called the mediation agreement. A participant may, at his or her own cost, have a lawyer review the agreement.

No. About two-thirds of the cases that go through the mediation process do not have lawyers involved in them. Of those cases, most settle the issues in dispute. If you choose to be represented by a lawyer in the mediation process, you are responsible for the lawyer’s fees.

The parents (or adult student) and two representatives of the school district may participate. The mediator helps the participants decide who else may be present at the session. If all the participants agree, others may also participate. For example, some people like to have an advocate, teacher, or relative attend the session. In addition, any party may request a break during the session to speak with someone by telephone or consult with someone who is in another room (but not present at the session).

If both parties (family and district) agree to try mediation, the intake coordinator will schedule one phone call with each party. During these calls, the coordinator will explain how mediation works and ask about the issues the party would like to discuss in mediation. Each call usually lasts about 20 to 40 minutes, depending on how many issues there are. Everything shared during the call is confidential and will only be shared with the mediator, unless you authorize the coordinator to share specific information. If one party does not want to participate in mediation, the intake coordinator will close the request. Mediation is voluntary, and no one can be required to take part.