Mediation - Wrightslaw

What is mediation? How does it work? Can it help? Should you request mediation? How are mediators trained? Are mediators really impartial? The information and resources on this page will help you make wise decisions about mediation.

Qs & As
FAQs: What is Mediation? How Does It Work? "Frequently Asked Questions" and "Standards of Practice" from The Academy of Family Mediators.

What the Law Says: Mediation. The legal requirements for mediation, procedures, qualified mediators, mediation agreements, confidentiality.

Articles
We Are Going to Mediation - What Should We Do? Parents and school disagree about appropriate program for child so the parents are going to mediation. What should they expect? How should they prepare? Do they need an attorney?

How to Resolve Special Education Disputes: Negotiation, Mediation, Litigation. Pete and Pam Wright explain why conflict between parents and school officials is normal and why you need to learn to negotiate. While parents want the "best" services for their children, school officials are only required to provide "appropriate" services -- and balance their budgets. Learn the pros and cons of negotiation, mediation, and litigation.

Learning to Negotiate is Part of the Advocacy Process. Vermont advocate Brice Palmer describes role of negotiating in advocacy; important rules and excellent tactics and techniques.

8 Steps to Better IEP Meetings: Play Hearts, Not Poker. Jennifer Bollero, an attorney and parent of a child with autism, teaches parents how to negotiate better IEPs for children and offers insights and practice tips for attorneys and paralegal advocates who represent parents and children with disabilities.

Problem Solving Lawyer by Michael Palmer. Discover the secret of creative mediation when an executor divides 17 cows in a seemingly impossible manner. Mr. Palmer has written extensively on negotiation and medication, has taught courses and workshops, and is CEO of The Negotiation Center in Middlebury, Vermont.

Seven Steps to Effective Mediation. Comprehensive article stresses preparation; describes mediators' personalities; pitfalls and opportunities. The authors, Diana Santa Maria and Marc Gregg, are practicing attorneys in Ft. Lauderdale, Florida. Article answers important questions about mediation:

What do mediation clients need to know?
How long does mediation take?
Where should mediation take place? When should mediation take place? Why?
What does it mean to "share information strategically?"
How do you "prepare" a mediator?
Who are directors, influencers, steady types, and compliant types?
Why do you allow the mediator to discover the facts in the case?
Why is it important to seal the deal in writing?

Mediation Tactics & Strategies
Mediation: Tactics & Strategy Session with Pete and Pam Wright.

Mediation Pitfalls: Sonja Kerr & Pete Wright.

Tactics & Strategies in Mediations and Negotiations. Dee Alpert is an attorney who has litigated federal class action sex discrimination employment suits, administrative sex and race discrimination proceedings, and special education cases. Ms. Alpert offers advice about positions, offers, dealing with "junk tactics," and the advantages of mediation over litigation.

Legal Resources
What does the IDEA say about procedural safeguards and mediation? Read about procedural safeguards, including mediation, in the IDEA statute.

Good Books About Mediation & Negotiating

We recommend these books for parents who are negotiating with the school.

Wrightslaw: From Emotions to Advocacy by Pam & Pete Wright.
"In From Emotions to Advocacy . . . you learn how to negotiate while building a strong family-school relationship. While it is natural to be stressed at meetings, strategies are given to keep things moving smoothly. You learn what to watch out for, how to handle conflicts, complaints and difficult personalities. You learn to spot a problem before it becomes a major one with advice you can use again and again." (Exceptional Parent Symbol of Excellence)

Getting to Yes: Negotiating Agreement without Giving In. Based on research from the Harvard Negotiation Project, "Getting to Yes" teaches you how to negotiate "win-win" solutions to disputes; provides concise, step-by-step strategies that will help you develop fair agreements in all kinds of conflict.

Getting It Done: How to Lead When You're Not in Charge Learn why collaborating with others is so difficult - people have minds of their own and most decisions are based on emotions, not logic.

In Getting It Done, you learn how one person can help the group formulate a clear vision of results, suggest a course of action, and learn from past experiences. You'll also learn how to ask questions, offer ideas, and make suggestions that will be heard - how to influence the actions of others by your own behavior.

Getting Past No: Negotiating Your Way from Confrontation to Cooperation. Provides a roadmap to the land of "Don't get mad, don't get even, get what you want!" This book focuses on what to do when negotiation breaks down due to the other side's deceit, confused, or just plain difficult behavior; includes good strategies to use in dealing with others' tactics, tricks, and attacks."

More Good Books?
Visit the Advocate's Bookstore to find more good books about Negotiation, Persuasion, and Conflict Resolution.

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