Mediation can occur prior to or after a due process complaint is filed (see 34CFR300.506). It can be agreed upon by the parties in lieu of mandated IDEA Resolution Meeting (300.510(a)(3)(ii)). In Pennsylvania, the PA Office of Dispute Resolution (ODR) now opens the door to allow attorneys to participate under newly instituted rules.

In fact, effective March 1, 2021, attorneys are able to participate in special education mediation as recommended by Pennsylvania’s Special Education Advisory Panel (SEAP).  Attorney participation will mirror that of the resolution meeting process:

• If the parent chooses to bring an attorney to mediation, then the LEA has the option of bringing its attorney to mediation, if it chooses to do so.
• If the parent chooses to attend mediation without counsel, the LEA will likewise not have an attorney present.

In addition, the PA Office of Dispute Resolution (ODR) is encouraging attorney fee issues to be negotiated outside the mediation session.

ODR  has updated its Mediation Guide, which contains additional information about attorney participation at mediation. To learn more, click here or visit the for the PA office of Dispute Resolution (ODR) website at: https://odr-pa.org/resources/whats-new-at-odr/.