Mediation
Inevitably, there will be disagreements about how the new law works in relation to individual children and young people with additional support needs. Mediation is a method of conflict resolution that aims to help people involved in this type of disagreement to reach a mutually acceptable solution, with the help of a neutral independent third party – the mediator.
The Education (Additional Support for Learning) (Scotland) Act 2004 requires that every education authority has in place arrangements for mediation, involving independent mediators, to try and resolve disputes between parents and the authority and/or school regarding a child who has additional support needs.
Although some local authorities may choose to provide mediation services "in-house", the mediators should not be involved with the education services of the authority in any other way.
The law does not allow an education authority to make mediation compulsory for parents or young people. Not only must mediation be voluntary for parents and young people, it must also be free for them. The ability to refer a matter to mediation does not affect a parent or young person's rights of appeal (if any).
Who provides mediation?
There are two main agencies providing ASN mediation across Scotland at present.
- Respect Mediation; and
- RESOLVE:ASL.
The following is taken from best practice information provided by Respect Mediation.
Principles of ASN Mediation
- Mediation is a voluntary process;
- Mediation is a confidential process;
- Mediator is impartial and independent;
- The people involved have the power to settle;
- Everyone is looking for a solution;
- Any agreement reached belongs to the people who make it;
- Taking part in mediation does not affect legal rights;
- Views of the child or young person must be taken into account.
The next section is all about Dispute Resolution.