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MEDIATION AND IMPARTIAL HEARINGSUnder the federal law IDEA (the Individuals with Disabilities Education Act), states must give parents two options for resolving disagreements with the school districts : mediation and impartial hearing. What are the differences between mediation and impartial hearing?

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1. Conducted with a neutral third party who helps the others to determine their options and reach their own decisions. The mediator does not have power to issue a decision to resolve the dispute.

2. Usually held without attorneys. As mediation does not prove right or wrong positions in relation to the law, attorneys are often unnecessary.

3. Rules of evidence are not used. There is no need to prepare evidence in advance, call expert witnesses, or keep the procedure on only the issues initially raised as being in dispute.

4. No one is forced to agree to anything they don’t want. Final resolutions are always within the parties’ control.

5. When resolution is reached, an agreement is drawn up at the mediation session. It may be implemented immediately.

6. Mediation is usually scheduled between two and four weeks of receipt of request. The State Education Department (SED) contracts mediation services. Mediation is free.

1. Conducted in front of a neutral Impartial Hearing Officer (IHO) who gathers evidence and issues a decision favoring one party over the other.

2. Usually held with attorneys. As hearings are based on facts and procedural issues, attorneys attempt to argue for their case and find fault with the other party’s positions and issues.

3. Rules of evidence hold. Evidence each party intends to use must be presented beforehand and the proceedings must stay within the framework of that evidence.

4. Decisions are made by the hearing officer. Parties have no control over the outcome, except to appeal the decision.

5. A hearing officer has 45 days to make a decision. Parents and districts may have to wait ¼ of a school year before the decision can be enacted.

6. Hearings are usually scheduled between four and six weeks of the request. Parents do not have to pay for an impartial hearing. But they are responsible for paying a lawyer or advocate if they hire one, and are entitled to reimbursement of these legal fees if they win. While a parent who wins doesn't pay, school districts’ expenses are enormous.

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Parents may request mediation directly through the mediation center located in the borough of their child’s school. Each borough has a mediation center, known as a Community Dispute Resolution Center (CDRC).

CDRCs are part of the United Court System

The CDRCs are city- and state-funded centers which are part of the Unified Court System. These mediation centers handle a variety of disputes, including custody and visitation cases, community disputes (landlord/tenant, merchant/customer), interpersonal disputes (neighbor/neighbor, parent/child), lemon law arbitration, small claims disputes, and early intervention and special education disputes.

Mediators are specially trained as mediators, not special education experts

Mediators are trained as “generalist mediators” who receive additional training for handling special content cases. Mediators are not special education experts. They are process experts who are highly skilled in helping people explore all the options available to them, discuss their issues and interest in supportive, forward thinking style, and provide an atmosphere where trust, confidentiality and impartiality are supported. Mediators also have access to the expertise of the State Education Department’s Office for Special Education, for technical assistance on regulatory issues.

Mediation is voluntary

Mediation is voluntary on the part of the parties. Parents may bring anyone they wish to mediation sessions. School districts must bring personnel who are authorized to enter into agreements related to the issues in dispute, and who are familiar with the specific issues programs in dispute.

ACCESSING MEDIATION

MEDIATION IMPARTIAL HEARING7. Mediation practice is based on strengthening communication and understanding. Thus, after mediation sessions, parties usually feel their relationship has improved.

7. Impartial hearings are legal proceedings. Parties speak to the officer, not each other, and a winner and a loser is determined.

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THE BRONXIMCR Dispute Resolution Center384 East 149th Street, Room 330Bronx NY 10455T: (718) 585-1190Fax: (718) 585-1962www.imcr.org

BROOKLYNThe New York Peace Institute210 Joralemon Street, Suite 618Brooklyn, NY 11201T: (718) 834-6671Fax: (718) 834-6681info@nypeace.org

MANHATTANThe New York Peace Institute111 John Street, Suite 600New York, NY 10038T: (212) 577-1740Fax: (212) 577-1748info@nypeace.org

QUEENSCommunity Mediation Services, Inc.89-64 163rd StreetJamaica, NY 11432T: (718) 523-6868Fax: (718) 523-8204www.mediatenyc.org

STATEN ISLANDNY Center for Interpersonal Development(SI Dispute Community Resolution Center)130 Stuyvesant Place, 5th FloorStaten Island, NY 10301T: (718) 815-4557Fax: (718) 876-6068

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MEDIATION CENTERS

BROOKLYN MEDIATION CENTER210 JORALEMON ST, SUITE 618BROOKLYN, NY 11201T: 718.834.6671MANHATTAN MEDIATION CENTER111 JOHN ST, SUITE 600NEW YORK, NY 10038T:212.577.1740

WWW.NYPEACE.ORGINFO@NYPEACE.ORG

To obtain a Manual of Guidelines and Procedures onSpecial Education Mediation visit www.nypeace.org

For more information about Special Education Mediationvisit www.directionservice.org

- Parent’s name, address and phone numbers- Student’s name, date of birth and school- A description of the problem and some possible solutions

Be sure to include the following informationin your request for mediation:

New York Peace InstituteBrooklyn Mediation Center210 Joralemon Street, Suite 618Brooklyn, NY 11201Phone: 718.834.6671Fax: 718.834.6681chimes@nypeace.org

Send requests for mediation by mail, fax or email to your child’s school and to the New York PeaceInstitute’s Brooklyn Mediation Center.

The New York Peace Institute is committed to promoting peace in our communities. Whethera dispute involves two people, or several groups, we can help.

We work in three areas: - Dispute resolution services- Mediator training and credentialing- Customized consulting and training for organizations and communities

ABOUT NEW YORK PEACE INSTITUTE

“Mediation helped usreach an agreement that wasmuch better for my child.”

“Mediation opened the channels of communication and allowed everyone to be creative in their approach to the child.”

“Mediation was the only way my voice could be heard.”

TO REQUEST MEDIATION

With more than 30 years of experience, weare one of the largest community disputeresolution centers in the United States, andwe are a nationally recognized leader in thefield of conflict resolution.

Special Education mediators have had extensive conflict resolution training and are knowledgeable about education law and the operations of the New York City school system. They are professionals from various occupations and are not employed by the Department of Education.

Parents can request both an impartial hearing and mediation at the same time. The impartial hearing can be cancelled if all the concerns are resolved in mediation.

DUE PROCESS RIGHTS PROTECTED

QUALIFIED MEDIATORS

Mediation is provided at no cost to parents and schools.

MEDIATION

An impartial hearing is a court proceeding wherea hearing officer makes a decision based on evidence and testimony. Mediation is a dispute resolution process where a mediator assists parents and schools to work out disagreementsabout a child’s educational plan. The mediator does not make decisions, but rather helps participants reach their own solutions.

Mediation can be requested by either parent or school, but will only take place if both parties agree to the process.

A VOLUNTARY PROCESS

A FREE SERVICE

Any agreement reached is binding and is written up at the mediation. After the mediation, the Individualized Education Plan (IEP) is updated to reflect the terms of the agreement.

BINDING AGREEMENTS

DIFFERENT FROM AN IMPARTIAL HEARING

WHEN PARENTS AND SCHOOLS DISAGREE

Mediation is a process in which parents of a childwith a disability and a school meet with a neutraIperson (a mediator) to work out their differences.It is often chosen instead of an impartial hearingas a way of resolving disputes about a student’splacement, services, evaluation, or classification.In most cases, the mediator is able to help develop an agreement that is acceptable to both the parent and the school in a way that:

- Allows all concerns to be heard - Builds trust and improves communication - Explores creative solutions - Gives everyone a chance to have equal say in all decisions

MEDIATION CAN HELP

“I don’t want my child in a Special Education class.”

ABOUT SPECIAL EDUCATION

“This child doesn’t belong in a general education class, and the parent isn’t listening.”

“If the child’s behavior continues, we can’t support him in our school.”

“I don’t think my child is getting enough services.”

Is your child struggling in school? Does your child have special needs or an IEP

(Individualized Education Program)? Do you have questions about your

young person with a disability?

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