What happens in Mediation stays in Mediation…

We’ve all seen the commercials for Las Vegas “What happens in Vegas stays in Vegas.” Just seeing the commercials make us feel good that no matter what silly, stupid, irresponsible thing we do in Vegas, no one will ever know about it. We can feel free to do anything. Much like the weekend getaway to Vegas, you should feel comfortable that what happens in mediation stays in mediation.

About a month ago, a school district in Pennsylvania asked the federal court to order a parent to pay the school district’s attorney’s fees in connection with a due process hearing held for the parent’s child with disabilities based on information learned during mediation.

Mediation is a CONFIDENTIAL process in which the parties are encouraged to feel comfortable enough to communicate with each other in order to resolve the issues at hand. As part of the mediation process, each side agrees that they are entering into mediation voluntarily, that what is being said is confidential, and that the mediator cannot be called as a witness in any future proceeding.

A large percentage of disagreements between school districts and parents are resolved through the mediation process. New Hampshire believes so strongly in the power of mediation that the Department of Education automatically schedules mediation whenever a Request for Hearing is made. Parents and a school district can also request mediation outside the hearing process to resolve any disputes.

Mediation is often seen as a brainstorming session that allows parents and school districts to better understand the other side’s position. The free exchange of ideas is key to letting the parties get past the emotional obstacles and refocus on what is important - the child's educational needs. 

Regardless of how heated, how adversarial, or how unproductive a particular mediation session is, neither party is allowed to use what is said in mediation against the other party. Shame on this school district for not remembering that what happens in mediation stays in mediation!

Note:  For a good analysis school's attorneys' fees, see a recent blog written by Jennifer Laviano, NO You Don't Have to Pay the School's Attorneys' Fee if You Lose!