As a parent, the welfare of your child or young person is of paramount importance. For a child or young person with special education needs and disabilities (SEND), disagreements about the best way forward to meet their needs often require an experienced, neutral mediator in order to be resolved and you may choose this an an option before considering tribunal
If you do want to try mediation first, a Global Mediation SEN Case Manager will make all the arrangements for you, setting up the mediation in a neutral location within 30 days of the Local Authority being informed of your decision to mediate.
Mediation is confidential and aims to resolve your disagreements in a quick, informal way using a neutral third party, a mediator, to help you reach a resolution. The mediator does not judge or impose a solution but ensures that any settlement is agreed between you and the Local Authority. Our experienced mediators will explain the process to you and help clarify the nature of the disagreement with both parties. You can bring a supporter with you to the mediation although legal representation is not usually necessary.
Mediation is not part of a SEND Tribunal process. Discussions and the actions plan from the mediation meeting cannot be used as evidence in a tribunal. Mediators cannot be called as witnesses to represent any parties as part of a SEND Tribunal
After the mediation, the Mediation Adviser will issue a certificate within three working days confirming that mediation has concluded and, if all your issues haven’t been resolved, you can use the certificate to register your Appeal with the Tribunal.
When cases are registered with the Tribunal following mediation, the Tribunal will deal with the Appeal on the facts of the case. The Tribunal may cover similar ground to that explored in the mediation but will reach its own independent findings and conclusions. As Mediation is confidential and without prejudice to the Tribunal process, the Tribunal will disregard any offers or comments made during mediation. Partial agreement achieved by use of mediation services can help to focus on the remaining areas of disagreement in any subsequent appeals to the Tribunal.
To request mediation, contact a Global Mediation SEN Case Manager on 0800 064 4488 or email firstname.lastname@example.org
For more information go to the Global Mediation webpage