From The Office for Dispute Resolution: Effective March 1, 2021, attorneys will be able to participate in special education mediation as recommended by Pennsylvania’s Special Education Advisory Panel (SEAP). (The SEAP is an independent advisory body that is unaffiliated with ODR).

The purpose of this email is to explain the general rules and procedures for attorney participation in mediation. ODR understands, however, that every case is unique, and that the parties and their attorneys may agree to alter these rules. It is ODR’s goal to make this process as responsive to the needs of parents and schools as possible.

Attorney participation will mirror that of the resolution meeting process: If the parent chooses to bring an attorney to mediation, then the LEA has the option of bringing its attorney to mediation, if it chooses to do so. (It is not mandatory). If the parent chooses to attend mediation without counsel, the LEA will likewise not have an attorney present.

On the mediation request form, https://odr-pa.org/iep-ifsp-facilitation-mediation-request-form/, we have added a section for attorney contact information.

ODR will email each party and their counsel acknowledging that the mediation has been received, providing the assigned* mediator’s name, and advising them that the mediator will be contacting the attorney to schedule a call with the attorney and his/her client prior to the mediation session.

*If the parties are in agreement and would like a specific mediator, please notify ODR. ODR will contact that mediator to determine his or her availability.  ODR cannot guarantee that it will be able to honor all requests for a specific mediator, although it will make every effort to do so.  Mediator bios are available on ODR’s website, https://odr-pa.org/mediation/mediator-bios/.

The mediator will email the attorney(s) individually to set up a time to talk prior to the mediation. Parties are encouraged to participate in the mediator call with their counsel, but the attorney and his/her client will make this determination. During the call, the mediator will explain his/her role, identify the issues to be discussed at the mediation, and answer any process questions.  

Represented parties should avoid contacting the mediator directly. We ask for your help in advising your clients that all contacts with the mediator should be through your office (unless you advise ODR and/or the mediator differently). 

We are encouraging attorneys to work out the issue of attorney fees outside the mediation session so that the mediation can focus on substantive issues of the student’s program. We understand, however, that in some instances attorney fees will be a mediation issue. 

The updated Mediation Guide, https://odr-pa.org/wp-content/uploads/medguide.pdf, contains information about attorney participation at mediation.