Guide to Mediation For SEN
how does mediation work?
Mediation is a process in which an impartial mediator can help the people involved in a dispute to sort out their differences quickly, peacefully and confidentially.
Mediation;
- focuses on improving communication and understanding between the parties builds towards practicable realistic solutions that meet everyone’s needs.
- is voluntary - all parties in a disagreement must agree to take part.
- is completely confidential, with the understandable exception of serious child protection issues.
- does not affect parents’ right to appeal to the SEN tribunal. Mediation can also run alongside a tribunal appeal.
People who have experienced mediation are equipped to communicate better, and through mediation, problems relating to a child’s special educational needs (SEN) can be resolved even if they have escalated. Practical educational solutions can be achieved with minimum disruption to the child’s schooling.
about our mediators
We have a wealth of experience in the field and a successful track record in achieving resolution. Our carefully selected, independent, qualified mediators are accredited by recognised national bodies. In addition, all have received training in SEN legislation and framework, the requirements of the SEN Code of Practice and other educational issues. Whichever mediator is assigned to your case, you will benefit from the combined experience of the team.
Mediators are independent and neutral facilitators, they do not take sides or give advice, and they do not make judgements or take decisions. Their role is to manage the process fairly, and to help people to communicate and explore options.
how to start the process
Our SEN mediation service can be accessed at any time during the SEN process, following the breakdown of local disagreement procedures such as meetings with the school, or assistance from the local Parent Partnership Service. Referrals usually come from parents or carers, others from the school or the Local Authority (LA).
In an initial telephone discussion we will discuss whether the case is suitable for mediation, suggest a way forward, and explain the process in more detail. Then, if you decide to go ahead, we will seek your permission to contact all the parties and explain that mediation is being considered.
what happens next?
If all parties are willing, we will allocate an experienced mediator who will arrange confidential individual meetings and give each party an opportunity to explain their point of view and any issues which may need to be resolved. These meetings will last up to 90 minutes and are held in an informal setting. Parents may wish to involve a friend or independent supporter (such as another parent) at this meeting.
reaching agreement
If all parties are willing, the mediator will invite them to a joint meeting, usually at a neutral venue, and at a mutually convenient time and place. The mediator will ensure that everyone has full opportunity to air their views and will encourage the parties to explore possible solutions to the disagreement, taking into account the views that have been expressed. The process will include discussions about the future, and what it might be possible to achieve. The parties discuss and agree which outcomes are best for the particular situation.
Once an agreement has been reached, the mediator will record it and everyone present will be asked to sign.
what happens to the agreement?
The written agreement will be shared with all the parties.
what happens if agreement can’t be reached?
If no agreement can be reached, the discussions held during mediation cannot be used elsewhere and will not be shared with anyone. The parties still have the right to seek a solution through the tribunal process.
if you decide not to continue
Mediation is voluntary and if at any stage one party decides not to continue, the process will be halted.
how much will it cost?
Our specialist SEN mediation service is provided through contracts with LA’s and schools about any aspect of SEN provision. As such there is no charge to parents using this service. Check our website to see if we provide a service in your local authority area, and if not, ask your local authority why.