ADR is a resolution option that is available before you file for a due process hearing, or preferably instead of due process. It is entirely voluntary, and is less formal than a hearing. Mediation happens after you file for due process, but before the process moves to a hearing, and is mandatory (though you can waive it). If a parent and district cannot settle during mediation, the next step is a resolution session. These sessions must be held within fifteen days of a parent’s request for a hearing, and the complaint must be resolved within thirty days of that request. If not, the hearing will be held.
While ADR is still relatively rare, it is available to everyone under the IDEA regardless of where they live or which school district they’re in. In California, your SELPA will assign a neutral mediator to oversee the ADR. Because ADR offers a way for both parent and district to find a middle ground, the process can help everyone avoid costly legal fees and get to the root of the matter faster. Agreeing to an ADR meeting, however, does NOT waive your right to due process, which is still an option if you come out of an ADR meeting without reaching some sort of agreement.
For more information, see our article What You Need to Know About Alternative Dispute Resolution.
