What is mediation?
Why use mediation?
Who are the mediators?
What kinds of disputes are appropriate for mediation?
How is mediation initiated?
Who may participate in the mediation sessions?
What happens at the end of mediation?
What is mediation?
Mediation is a process in which an impartial third party, a mediator, helps parties to try and resolve their disputes in a private setting. The mediator focuses discussions on the disagreements and circumstances that have caused the dispute between the parents and the county administrative agency.
Mediators encourage discussion, make suggestions, look at the parties interests, and help parties try to come to a mutually agreeable solution. The mediator is not a decision-maker.
Why use mediation?
Mediation is a voluntary process that allows parties to work to try and resolve conflict. Mediation is private and confidential. Mediation allows parents and county representatives to express their views and concerns openly. Research on mediation has shown that it is less adversarial, and more time and cost effective than formal hearings. However, mediation does not delay or deny the right to a hearing. While the dispute is being resolved, the child must continue to receive early intervention services unless the parents and the county administrative agency agree otherwise. Mediation is voluntary and free to the parents. The cost of the mediator is paid for through state and county funds.
How is mediation initiated?
Either a parent or a county administrative agency, or both, may request mediation. The process begins by completing a Request for Mediation form and sending, faxing, or scanning and emailing it to the Birth to 3 Mediation System administered by Burns Mediation Services.
What happens at the end of mediation?
If an agreement is reached, the agreement is put into writing and signed by both parties. Implementation of the agreement is the responsibility of both the parties.
If agreement is not reached, the mediator and the parties will maintain the confidentiality of the mediation session. The parents may request a formal hearing before an impartial decision-maker who will make a decision about the dispute.
The discussions in mediation may not be used as evidence in any subsequent impartial hearings or civil proceedings. The fact that a party did not consent to mediation or withdrew from mediation or that the mediation did not result in a resolution of the dispute can not affect the judgment of impartial decision-makers.
