Mediation and Due Process

Mediation is a voluntary process that is available to resolve special education disputes. Mediation is available for students age three through 21 years when there is a disagreement regarding identification, evaluation, classification, educational placement or the provision of a free, appropriate public education. Your request for mediation cannot be used to deny or delay your right to request a due process hearing.

A written request to the New Jersey Office of Special Education Programs is required to initiate mediation. A copy of the initial request must also be sent to the other party, and both copies must state that the other party has been copied. The mediation meeting must be scheduled within 15 days and held at a time and place that is reasonably convenient to both parties. Either the school district or the parent/guardian can be accompanied and receive advice at mediation by their attorney or other advocates with special knowledge or training with respect to the needs of the student. Audio recordings or other records are not allowed. A State Mediator will chair the meeting, facilitating communication between the parties and assisting them with reaching an agreement, if possible.

All information discussed at mediation meetings is confidential and may not be used in any subsequent due process hearing or civil action.

If an agreement cannot be reached, the mediator documents the date of the meeting and the attending parties. If an agreement can be reached, the mediator will prepare a written agreement to be signed by both parties. Signed mediation agreements are binding on both parties, and are court enforceable. If the parent believes the mediation agreement is not being implemented as written, the parent may request enforcement of the agreement by writing to the State Director of the Office of Special Education Programs no later than 90 days after the date that services in the mediation agreement were required to have begun, or on which actions were to have been taken.