Parents and Family-Side Attorneys were giving feedback that mediations were not working well. The feedback was that the mediators were not good at facilitating mediation, such as advising each side of the strengths and weakness in their case and what to expect out of a settlement offer. In addition, ALJs were performing some mediations and the results were not improving, causing most cases to be transmitted for hearing. The Settlement Agreement set forth terms to improve the mediation experience for all parties.
Relief #14 – Paragraph 17
“All mediators, including ALJs serving as mediators, shall receive Mediation training – including but not limited to evaluative mediation, in addition to what is contained in section IV below.”
What does this mean?
Any person, whether an ALJ or not, must undergo mediation training. That should include what is known as “evaluative mediation“, meaning the mediator is trained in special education law sufficient to evaluate the claims and defenses involved in a due process case. In other words, the mediator should be knowledgeable enough to advise if the position of the parents or the school district is strong or weak and to focus on common ground based on that evaluation. The training referred to in this section can be viewed here.
Relief #15 – Paragraph 18
“Non-ALJ mediators shall handle all “Mediation Only” petitions.”
What does this mean?
ALJs are not going to handle mediations when a parent files a “Mediation Only” request. Thus, a parent can choose to go this route if they’d prefer a non-ALJ mediator. The case can always be converted to a regular due process case if mediation only doesn’t resolve the dispute.
Relief #16 – Paragraph 19
“NJDOE shall modify their Request for Due Process form in the section regarding mediation to read as follows: “I am requesting a mediation conference conducted by a mediator that has undergone mediation training in place of a resolution session. If the school district agrees to mediation in place of a resolution session, a representative of the school district must contact OSE by sending an email to osepdisputeresolution@doe.nj.gov to facilitate the scheduling of the mediation conference.”
What does this mean?
This simply requires NJDOE to modify their due process complaint form to notify the parties that a mediation conference must be conducted by a trained mediator. Hopefully, this will improve the mediation process and lead to more successful settlements or resolutions without having to go to hearing.