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(1.47) What is a mediation conference?

(1.47) What is a mediation conference?

The Office of Administrative Hearings (OAH) is the state agency responsible for conducting mediation conferences and administrative hearings. If both sides agree to mediate, OAH will provide a mediator to sit down with you and the district before a due process hearing is held to try to resolve the problem. A mediation conference is held when either the resolution session is waived or the resolution session ends without agreement and both sides agree to mediate. The mediator has no power to force either side to settle the disagreement. The mediator tries to help you and the district reach an agreement. In addition, the mediator may also individually talk with either side separately in an attempt to resolve the problem. The mediator is usually an ALJ in the role of a facilitator and not a judge. The ALJ acting as mediator will not be the hearing officer assigned to hear your case should the dispute go to hearing. [Cal. Ed. Code Secs. 56500.3(c)-(e) & 56501(b)(2).]