Go through the information and evidence you have which support your case and make a note of the key things you want to say in the mediation.

If you like, you can send your list of key points in advance of the mediation and ask for everyone attending to receive a copy.

However, you may prefer to keep your notes just for you and use them to help guide you in the mediation – do what works best for you. If you think you might feel a little nervous or emotional in the mediation, your notes might help you feel more confident or jog your memory of what you planned to say.

You might want to start by giving some information about your child or young person. The mediator is likely to ask you a few questions about your child. You know your child best, so give everyone at the mediation a sense of your child’s strengths, challenges, and world.

If things have changed since the LA or health body made its decision, then provide an update.

If your child or young person isn’t going to attend the mediation, the mediator must take reasonable steps to get their views - you can share these too. You might also want to have a photo of them next to you in the mediation, so everyone remembers why they are meeting and that your child or young person is at the heart of it.

You might also want to prepare some closing remarks or a short statement, so that the final statement is about your child and what they need.

When you are preparing for mediation, keep in mind what it is you want to achieve for your child or young person, and what is best for them.

Also remember what the SEND Tribunal can order, if you decide to appeal the matter after mediation. The SEND Tribunal will always look at the evidence it has in front of it and apply the law, not the LA or heath body’s local policies.

For example, during the mediation the LA might offer to provide some extra funding to your child’s school but does not agree to issue the EHCP you want for your child. Consider if some extra funding will resolve the issues your child is facing, or whether an EHCP is necessary. The SEND Tribunal cannot order an LA to provide one-off funding, but it can order the LA to issue an EHCP which brings with it important legal rights and protections.

Another example is the LA might agree to send one of its educational psychologists to visit your child at school for an assessment but does not agree to carry out a full EHC needs assessment. The educational psychologist’s report may be very helpful in identifying some of your child’s needs, but it won’t identify all their challenges. This also won’t result in an EHCP being issued, as an EHC needs assessment must be carried out first. The SEND Tribunal can order the LA to carry out an EHC needs assessment, which requires an educational psychologist’s input (amongst others) and can lead to an EHCP being issued.

If agreement is reached in mediation, but afterwards you change your mind or the LA doesn’t do what it agreed to do, you can still appeal to the SEND Tribunal if you are in time. You will receive a mediation certificate within 3 working days after the mediation and you can use that when you make your appeal (unless it is a section I only appeal, for which you do not need such a certificate).

You cannot refer to matters discussed in mediation should you go on to appeal, as they are private (confidential).

You can also take a supporter with you to mediation. This could be a solicitor, or someone from your local IASS team if you ask for this and they can attend. It could also be a friend or family member.

You do not need the LA or health body’s agreement to take a supporter with you, and they cannot refuse to join the mediation if you bring a supporter (whether a solicitor or not). Think about who best can support you in mediation and ask them to join. Once you have done this, ask the mediator to send them an invitation so your supporter knows when the mediation will be held and can dial in (if it is being held remotely).

You can also ask another person to join the mediation. This might be, for example, a therapist working with your child, a social worker, or someone from school or college. Mediators say that mediation is often effective when someone from the school or college attend the mediation as well. Consider if this would be appropriate in your situation, and who would be the right person from school or college to attend – this might be the SENCO or maybe your child’s class teacher.  

If you want another person to attend mediation (and not as your advocate or supporter), you will need the LA (and health, if relevant) to agree, although the mediator may consent to it if there is disagreement between the parties. The LA may also ask for others to attend, and again you can say if you do not agree (although the mediator may give consent even if you do not).

Consider whether it would be appropriate for your child to attend for some or all of the mediation. They can join the mediation if you and the mediator both agree. If you think your child should attend for some or all of the mediation, ask the mediator in advance and consider how best they should be supported and prepared.