What is Mediation?

Mediation is a less formal way of trying to resolve a dispute between a legal guardian and the local authority. The cost of mediation is covered by the Local Authority.

The process is voluntary and confidential; it is carried out by an impartial, independent SEND Mediator. Undertaking mediation does not affect your right of appeal.

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You can bring someone with you to mediation for support together with other relevant parties such as representatives from the school or college. The child or young person may also attend the mediation meeting.

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The Local Authority cannot refuse mediation nor can they make you attend mediation. However the courts are promoting that parties attempt to mediation before proceeding to more formal route.

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Either way, you will need a mediation certificate before you can appeal to a tribunal. This can be obtained in 2 ways:

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• If you do not wish to attend mediation, you are able to speak to the mediator directly. They will issue you with a certificate confirming that you have discussed the option of mediation but you do not want to take part.

• Attend mediation; if the issues cannot be resolved or you can only resolve part of the issues, you will be issued with a certificate stating that you took part in mediation. You can then proceed to an appeal.

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