Maintaining a Level Playing Field: Supporting Collaboration in Mediation with Attorneys and Advocates

The customary practices for creating consensus, repairing relationships and fostering peace-building in meetings or mediations can be challenged when a participant brings an attorney or advocate unfamiliar with mediation principles to the session. In special education contexts—as in other types of meetings and mediations—it is not uncommon for a party to have legal or advocacy support. 

School districts may bring attorneys on retainer and parents may be accompanied by advocates to help navigate the process. 

When an attorney or advocate approaches the session with a strategy that differs from the collaborative intent of mediation, it can become difficult to maintain a spirit of mutual understanding and voluntary resolution; this may lead to a more adversarial outcome. 

In these situations, how can community mediators and facilitators of special education meetings remain grounded in self-determination and process integrity? This discussion explores the reasons some legal or advocacy representatives may take a more assertive approach, how pre-mediation intake can help align expectations, and what strategies a mediator can use to maintain a constructive, balanced dialogue—even in the face of challenging dynamics. 

About Bobbie Dillion

Bobbie L. Dillon, M.S., SEDRC Project Director, brings a wealth of experience in conflict management, having worked as a consultant, facilitator, and mediator. She has also taught communication, teambuilding, and leadership at Temple and Villanova Universities. Bobbie's passion for the disability field was sparked during her time working with Ontario Arc and growing up with a cousin and brother, both of whom had disabilities.

About Shari Greenleaf

Shari Greenleaf, SEDRC Project Associate, retired from full-time employment as a school attorney in 2011 and has embarked on a second career focused on mediation. Shari has been a volunteer community mediator for Mediation Matters since 2013 and previously served as the Special Education Mediation Program Coordinator at NYSDRA (2017-2019).