The Individuals with Disabilities Education Act (IDEA) does not address who may accompany a party to mediation. However, it is a best practice to discuss and disclose who, if anyone, will be attending prior to the mediation. Mediation is voluntary on the part of the parties, therefore, either party has the right not to participate for any reason, including if the party objects to the person the other party wishes to bring to the mediation. This could include a party’s objection to the attendance of an attorney representing either the parent or the Local Educational Agency.
