Prime Resolution’s SEND Mediation Process

In simple terms, mediation is a facilitated conversation. At Prime Resolution, we are flexible with our approach, according to the needs of the participants and the context of the individual case. However, our SEND mediations are usually carried out according to the following stages:

1. The Preliminary Stage, in which the parent or young person decides to mediate following discussion with one of our mediation advisors.
2. The Preparation Stage, in which details of the case are gathered by the mediator via phone calls to the participants prior to the mediation.
   In addition to this, the mediator may ask the parent to consider how their child’s wishes and feelings could be best represented at the mediation, and whether it would be appropriate to invite the child to join us for part of the mediation meeting.
3. The Information Stage, in which the appropriate approach to the mediation is discussed and additional evidence is shared in support of the case. This may happen before and/ or during the mediation meeting itself.
4. The Mediation Meeting_¹, in which the participants are brought together to clarify understanding of the issues and different viewpoints. This is when discussions and negotiations may also take place, with the aim of coming to an agreement that is both in the interests of the child and within the remit of the Local Authority.
5. The Outcome Statement, in which any actions agreed by the participants are recorded by the mediator. This will be written up and shared with all participants, usually within 24 hours of the meeting.

_^1. The structure of the mediation meeting itself is also flexible, but we usually manage the conversation according to the following format, depending on who is present:

1. Introduction by the mediator, checking everyone has read (and is prepared to abide by) the Terms of Engagement _²
2. Parent (or young person) sets out their case, often including some detail of their child’s needs, the challenges they face, and the reasons for their appeal. If the case involves a young person aged 16+ years, they have the right to represent themselves at mediation (assuming they have the capacity to do so). They may choose to allow a parent or other trusted adult to speak for them, but they must give their permission in writing before the mediation if they would prefer this option.
3. The school/ educational institution (if present) provides information/ evidence regarding the child's or young person’s presentation from their perspective.
4. Any other participants whose attendance has been agreed (e.g. social workers, healthcare representatives etc.) will provide their information/ evidence.
5. The Local Authority officer usually speaks after the other participants have had their turn. They may explain the reasons for the original decision and may adjust this decision based on what they have heard (or if new evidence has been submitted), or they may ask additional questions to help them come to a decision.
6. An open discussion may follow to clarify/ raise any issues that have not been resolved/ addressed.
7. Any actions agreed will be recorded by the mediator and checked with the participants.

The mediator will manage the meeting and will provide support to the participants by prompting them where appropriate, and may ask questions if further information would be helpful to the case. They may clarify and summarise what has been said but will not give an opinion. The mediator is impartial and therefore will not take sides with, or advocate for, any of the participants. The child’s or young person’s interests should be at the core of the mediation and the mediator may redirect the discussion at any point to ensure this remains the focus.

_^2. The mediator reserves the right to stop the meeting if any of the participants fails to adhere to the following Terms of Engagement:

SEND Mediation Terms of Engagement

Courtesy

We understand that issues involving a child’s or young person’s education can create strong emotions. For the process to be effective, the parties must be polite at all times:

1. Respect everyone’s right to speak and be heard – please give full attention to what is being said.
2. Do not interrupt another person while they are talking – everyone will get their turn.
3. Do not make offensive/ negative personal comments about anyone else taking part.

Mediation is not part of a complaints procedure – it is an opportunity to have a constructive and non-adversarial discussion with the aim of coming to a positive agreement and/ or action plan that will enable the child or young person to make progress. We ask that all parties enter the mediation process with a flexible mindset to enable this.

Confidentiality
Please do not:

1. share the details of our mediation discussion with anyone who is not present at the mediation,
2. record the mediation on any electronic device,
3. take notes that can be linked to the child, young person or anyone present at the mediation.

There are two exceptions. The Mediation Outcome can be shared more widely e.g., with any third-party professional who needs to have details of the agreement to further the outcome. In the unlikely event of a safeguarding concern becoming apparent, we have an obligation to share this with the appropriate authorities.

Without Prejudice

The details of the mediation discussion and any communications in connection with it cannot be used as evidence in other proceedings e.g., if an appeal is lodged to the Tribunal following the mediation.

Role of the Mediator:

1. To be impartial – they will not take sides.
2. To facilitate the process – they will explore the relevant issues by asking questions, seeking clarification, checking understanding, and summarising the points of discussion.
3. To ensure the conversation stays on track and all parties have a chance to say what they would like to.
4. To write up any agreements and action points in the Mediation Outcome._³
5. To issue the Mediation Certificate following the mediation.

After issuing the Mediation Certificate and Mediation Outcome, the mediator’s role in the process is complete. The mediator has no authority over, or responsibility for, the actions agreed by the parties during the mediation.

_^3. Where extensive changes to the content of the EHCP are agreed at mediation, it is not the mediator’s responsibility to record the specific wording of these amendments; this must be done by the LA officer.

Other

• Each party must have full authority to settle the dispute without the need to consult anyone not present.
• The conclusion of the mediation, including any agreements reached, will be recorded in writing in the Mediation Outcome. This document has the same legal status as a First-tier Tribunal order and must be complied with by the Local Authority, which is bound to complete any actions agreed according to the time limits detailed in the relevant legislation (unless otherwise agreed in the Mediation Outcome).
• The mediator works in an impartial way to help you arrive at your own decisions. The mediator will not give legal advice. However, information about relevant government legislation may be shared.
• No party shall take any steps to involve the mediator or Prime Resolution in any further proceedings connected to the mediation. Neither the mediator nor Prime Resolution shall have any liability regarding the mediation other than in a case of bad faith.

The above terms will be shared with all parties prior to the mediation via email. During the introduction to the mediation, the mediator will check the parties’ understanding of these terms and will confirm that, by taking part in the mediation, all parties agree to abide by these terms.