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I2400.08a - Dispute Resolution - Mediation
- The district or parent may request mediation from ODE for any special education matter, including before the filing of a complaint or due process hearing request.
- The district acknowledges that:
- Mediation must be voluntary on the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.
- Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.
- An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that:
- States the terms of the agreement;
- States that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
- Is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.
- Mediation communication will not be confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.
- The mediation agreement will be enforceable in any state court of competent jurisdiction or in a district court of the United States.
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