Frequently Asked Questions

WHAT IS MEDIATION?

• 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.

WHAT IS SPECIAL EDUCATION MEDIATION?

• 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.
• Mediation does not delay or deny the right to a due process hearing.

HOW DO YOU REQUEST MEDIATION?

The Wisconsin Special Education Mediation System (WSEMS) Intake Coordinator/ Administrator will help you with the process. WSEMS is a neutral agency that is not a part of the Wisconsin Department of Public Instruction, any school district, or any parents' advocacy organization.

• You can contact Jane Burns, WSEMS Intake Coordinator/Administrator:
• 888-298-3857 (Toll Free Voice)
• 262-538-1618 (TTY)
• 262-538-1348  (FAX)
• Write: WSEMS, P.O. Box 107, Hartland, WI 53029-0107
• Either parents or school administrators (or both together) may request mediation by mail or fax.
• If only one party requests mediation, the WSEMS Administrator will contact the other party to ask for consent to the mediation, talk about the benefits of mediation, and explain how the process works.
• This is a voluntary process.  If either the parents or school say no, a mediation session will not go forward.

WHAT IS A REGUEST FOR MEDIATION FORM?

The Request for Mediation form is the form that must be used to request mediation. You may obtain the form:

• By calling WSEMS at 1-888-298-3857
• You may download the form by clicking on the Request for Mediation form

The form is simple to complete. The person(s) requesting mediation briefly describes the dispute. The WSEMS Intake Coordinator/Administrator, Jane Burns, can provide assistance in completing the form. Jane Burns may be reached at 1-888-298-3857.

The form should be signed and faxed to WSEMS at 262-538-1348 or mailed to WSEMS, P.O. Box 107, Hartland, WI 53029-0107

HOW DO YOU COMPLETE THE REQUEST FOR MEDIATION FORM?

A Request for Mediation form is completed:

• Together: After discussing the issues, the parents (or guardian or adult student) and the school representatives may decide they need a neutral person to help them to resolve the issues. This is called a joint request.

OR:

• Individually: A parent, adult student, or school representative may request mediation.

WHO GATHERS THE INFORMATION FOR YOUR CASE?

If you request mediation, the WSEMS Intake Coordinator/Administrator, Jane Burns, will interview you by telephone. She will ask you for information that is included on the WSEMS Intake Information form. If you do not have the information, she will help you to locate it.

WHAT HAPPENS IF I REQUEST MEDIATION INDIVIDUALLY?

WSEMS notifies the other person you have identified on the request form. The intake coordinator explains the mediation process and finds out if the non-requester would like to try mediation. The non-requester is not required by law to participate in mediation. The mediation process is voluntary. The non-requester has five business days to decide whether or not to participate.

WHO PAYS FOR MEDIATION?

• 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. However, participants in the system must pay for their own attorney's fees, if any.

WHO ARE THE MEDIATORS?

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.

HOW DO I SELECT A MEDIATOR?

Both parties to the dispute must agree on who will serve as a mediator. You may request a mediator from the WSEMS list or the system will assign one for you. If a mediator is chosen from this list, the mediator's services are provided without charge to the participants. If the participants choose to use a mediator who is not on the WSEMS list, the participants are responsible for the mediator's fees.

WHEN AND WHERE WILL THE MEDIATION BE HELD?

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 in libraries, community centers, the school, school district offices, attorneys' offices, or other locations agreeable to the participants. WSEMS does not limit the length of the session or how many times the parties can meet.  The parties work with the mediator to set the length of the first session.

WHAT IS THE FORMAT OF THE MEDIATION SESSION?

A mediation session looks like a meeting with the participants sitting around a table. There is no written, audio, or video recording of the session. The atmosphere is informal and conversational. The mediator explains the Agreement to Mediate and asks the parties to sign it. The mediator explains the mediation process and the mediator's role. The mediator asks each participant to explain why they are in the mediation and what they would like to see happen in mediation.  The mediator may ask questions to clarify, brainstorm, or create options. 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.

DO I NEED A LAWYER TO PARTICIPATE IN MEDIATION?

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.

WHO MAY PARTICIPATE IN THE MEDIATION SESSION?

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).

WHEN IS MEDIATION RIGHT FOR YOU?

Mediation is a process that is effective when there is:

• An ongoing relationship between family and school representatives
• A need for privacy
• A need for creative and flexible solutions
• A desire to retain control over the outcome rather than having a third party make the decision

Under special education law, mediation may be used for disputes involving:

• Identification
• Evaluation
• Individualized Education Program (IEP)
• Placement
• Free Appropriate Public Education (FAPE)

WHY CONSIDER MEDIATION?

Mediation has many benefits for parents, educators and service providers, including:

• Families can maintain an ongoing and positive relationship with the school system and benefit from partnering with educators or service providers in developing their child's program.
• Conflicts that arise out of misunderstandings or lack of shared information can be resolved through mediators helping parents, educators, and service providers to communicate directly with one another.
• Special education issues are complex and can best be solved by working together.
• Mediation tends to be faster and less costly than adversarial approaches, such as due process hearings and court proceedings.
• Mediation results in agreements that participants find satisfactory because they create the document, and research shows that people tend to follow the terms of their mediated agreements.
• Parties retain control over the process and don’t give control of the outcome to a third party such as a judge or a due process hearing officer.

WHAT ABOUT THE LAW?

The Individuals with Disabilities Education Act (IDEA) is the federal law designed to insure that children with disabilities receive a free appropriate public education (FAPE).

State law (Wis. Stat. 115.797) requires mediation to be offered as an option in Wisconsin. DPI Information Update Bulletin No. 98.07 describes the mediation system in detail.

What is CADRE?

CADRE, (Consortium for Appropriate Dispute Resolution) is the national center on dispute resolution and is funded by the United States Department of Education, Office of Special Education Programs. CADRE uses advanced technology, as well as traditional means to provide technical assistance to state agencies on implementation of the mediation requirements under IDEA 2004. CADRE also supports parents, service providers, educators and administrators to benefit from the full continuum of dispute resolution options.  These options can help prevent and resolve conflict and can ultimately lead to informed partnerships that focus on results for children and youth.