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Thursday, June 21, 2012
Mediation and Consent Revocation - Revisited
I am a shameless advocate of mediation. I know that it has its detractors, even among some groups of lawyers. I remember that certain groups of plaintiffs lawyers considered mediation, as well as arbitration and anything else that was a part of ADR (alternative dispute resolution) was bad.
But the more I see of dispute resolution in special education, and I have seen a lot, the more I am convinced that mediation is better than the alternatives. Mediation is best suited to help fix the long term relationship between a family and school personnel.
When the new consent revocation rules were adopted by OSEP on the last day of the previous presidential administration, I was surprised that mediation was removed as an option when consent is being revoked.OSEP has recently reaffirmed that mediation is not an option under those circumstances. More on that next week.
For today let me just say- too bad.