162.959. Mediation of dispute available, when--agreement to be in writing--attorney not permitted, when.

MISSOURI STATUTES AND CODES

162.959. Mediation of dispute available, when--agreement to be in writing--attorney not permitted, when.

Mediation of dispute available, when--agreement to be inwriting--attorney not permitted, when.

162.959. 1. As used in this section, "mediation" is the process bywhich a neutral mediator assists the parties in reaching a mutuallyacceptable voluntary and consensual agreement in the best interests of thechild as to issues contained in the notice pursuant to section 162.945.The role of the mediator is to aid the parties in identifying the issues,reducing misunderstandings, clarifying priorities, exploring areas ofcommon interest and finding points of agreement. An agreement reached bythe parties shall be based on the decisions of the parties and not thedecisions of the mediator. The agreement reached may resolve all or onlysome of the disputed issues.

2. Whenever a hearing has been requested pursuant to section 162.961,on any matter in dispute under section 162.961, and the dispute has notbeen finally resolved, the parties shall be offered an opportunity formediation to resolve the dispute. Mediation shall also be made availableto parties prior to the request for a hearing. Use of mediation shall bemutually agreed upon by both parties unless federal law provides to thecontrary. The department of elementary and secondary education shallensure that impartial mediation is provided at no cost to parents orguardians and the participating school district when requested pursuant tothis section.

3. School districts may not use mediation to deny or delay theparents' right to a due-process hearing pursuant to section 162.961, or todeny the parents any other rights afforded pursuant to this chapter.

4. Mediation conducted pursuant to this section shall be scheduledwithin fifteen days of selecting a mediator at a time and place mutuallyacceptable to all parties engaged in mediation.

5. Mediation conducted pursuant to this section shall be completedwithin thirty days of agreement to mediate and may be terminated by eitherparty at any time.

6. Any mediation agreement reached pursuant to this section shall bein writing, signed by the parties, and delivered to all parties engaged inthe mediation. The responsible public agency or its designee shall signthe agreement. The designee identified by the responsible public agencyshall have the authority to bind the agency. A local board of education,as a responsible public agency, may identify a designee with authority tobind the school district. The written agreement is a legally bindingagreement that sets forth the resolution and must state that alldiscussions that occurred during the mediation process shall beconfidential and may not be used as evidence in any subsequent due processhearing or civil proceeding. The agreement is enforceable in any statecourt of competent jurisdiction or in a district court of the UnitedStates.

7. Mediators shall be selected by mutual agreement of the parents orguardians and the participating school district or responsible educationalagency from a list maintained by the department of elementary and secondaryeducation. Any mediator selected shall meet training, impartiality andassessment requirements pursuant to regulations promulgated by thedepartment of elementary and secondary education.

8. No attorney shall attend or participate on behalf of any party atthe mediation session although the parent or guardian may be accompanied bya lay advocate. Each party may be accompanied by no more than threepersons, with additional participants allowed only by mutual agreement.