Requesting Early Intervention Mediation

The Department of Public Health (DPH) as the Lead Agency for Massachusetts Early Intervention adopts the mediation procedures under 34 CFR 303.431 to allow the parties to resolve disputes involving any matter under Part C of the Individuals with Disabilities Education Act (IDEA) at any time, including prior to the filing a due process complaint.

Mediation is an informal, voluntary process available to parents, early intervention service programs, or agencies to resolve disagreements concerning identification, evaluation, eligibility determination, development of the Individualized Family Service Plan (IFSP), or the provision of early intervention services.

The Department of Public Health (DPH) Early Intervention Division ensures that Mediation is voluntary on the part of both parties, is not used to deny or delay a parent’s right to a due process hearing or any rights under Part C of IDEA and is conducted by a qualified and impartial mediator trained in effective mediation techniques.

A parent or a public agency (e.g., an early intervention program or a provider acting on behalf of the public agency) may file a request for Mediation at any time.

A request for Mediation can be made to the Early Intervention Division by email, phone, fax, or postal mail. An optional Mediation Request Form is available but not required.  In your request, we ask for your name and contact information, the party or parties involved and their contact information, and the general issue(s) to mediate.

The Early Intervention Division arranges for the conduct of mediations through an interagency agreement with the Division of Administrative Law Appeals (DALA), Bureau of Special Education (BSEA). The Department of Public Health (DPH) retains responsibility for ensuring mediations are conducted in accordance with Part C of IDEA and 34 CFR 303.431. The use of an interagency agreement does not transfer the DPH’s legal authority, procedural safeguards responsibility, or timelines under Part C.

Any Individual Family Services Plan (IFSP) services for which a parent provided consent will be provided during this time.  IDEA Part C requires mediation to occur in a timely manner and be held at a location convenient to both parties.  Massachusetts Operational Standards further provide that mediation must occur within 14 days unless the parties request otherwise.  The mediator will offer alternate dates beyond the fourteen-day target date at the parties' request.  Mediation will not delay a parent’s right to a due process hearing or the hearing timelines and is at no cost to either party.   

When a request for Mediation arrives, the Early Intervention Division notifies the Coordinator of Mediation at the BSEA, who randomly assigns a qualified and impartial mediator who contacts the parties and schedules the Mediation at a mutually agreeable time and location.   Massachusetts requires the mediator to provide the parties with confirmation of the logistics (e.g., date, time, and location), review the voluntariness of Mediation, the Mediator's role, and the potential outcomes of Mediation.

Discussions that occur during Mediation are confidential and may not be used as evidence in a subsequent due process hearing or in a civil proceeding in state or federal court.  If there is a resolution, the Mediator memorializes the agreement in writing, which once signed becomes a legally binding, enforceable mediated agreement that

• States that all discussions remain confidential and may not be used as evidence in any subsequent proceeding,
• It is signed by the parent and a representative from the early intervention services program or agency who has binding authority.

The written mediated agreement is enforceable in a state court of competent jurisdiction or in a United States district court.

Mediation may occur before, during, or after other dispute resolution options, provided participation remains voluntary and timelines are not delayed unless the parties agree.

Mediation is an option anytime, for any disagreement or concern about early intervention or if there are different opinions or views about the child’s experience.

Early Intervention Dispute Resolution materials