Mediation before tribunal
What mediation is, whether you have to do it, how it works, and when to skip it.
Mediation before tribunal
Before you can appeal to the SEND Tribunal, you need to consider mediation. This is a legal requirement. But 'consider' does not mean you have to go through with it. You can choose mediation, or you can get a certificate saying you decided not to. Either way, you need the certificate before you can register your appeal.
This is one of the most misunderstood parts of the SEND appeals process.
What mediation is
Mediation is a meeting (usually by phone or video call) between you and the local authority, with an independent mediator. The mediator does not make decisions. They help you and the local authority have a structured conversation to see if you can reach an agreement without going to tribunal.
Mediation is:
- Free to you (the local authority pays)
- Voluntary (you can choose not to participate)
- Confidential (what is said cannot be used at tribunal if mediation fails)
- Quick (usually arranged within 30 days)
Do you have to do it?
Not quite. The law says you must contact the mediation service and consider mediation. You then have two choices:
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Take part in mediation: The mediator arranges a session with you and the local authority. If it resolves the dispute, you do not need to go to tribunal. If it does not, you get a mediation certificate and can proceed to appeal.
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Decline mediation: You tell the mediation service you do not want to take part. They issue a certificate confirming you were informed about mediation and declined. You can then register your appeal.
There is one exception: if your appeal is only about the school named in Section I of the EHCP (and nothing else), you do not need to contact mediation at all. You can go straight to tribunal.
How to get your mediation certificate
The local authority's decision letter should include the name and contact details of the mediation service. If it does not, contact the local authority and ask.
Call or email the mediation service. Tell them you have received a decision from the local authority that you disagree with and you need to discuss mediation.
The mediation service will explain how mediation works. You can then decide whether to take part or decline.
Whether you mediate or decline, the service will issue a certificate. You need this to register your tribunal appeal. The certificate is usually issued within a few days.
When mediation can help
Mediation works best when:
- The disagreement is about specific details (e.g. the hours of provision in Section F)
- The local authority has made an error they may be willing to correct
- You want to resolve things quickly without the stress of tribunal
- The relationship with the local authority is still workable
When to skip mediation
You might choose to decline mediation if:
- The local authority has already refused to budge on the issue
- The disagreement is fundamental (e.g. they refuse to assess at all)
- You have limited time and do not want to risk the 2-month tribunal deadline
- You have been through mediation before on the same issue with no result
Even if you decline mediation, getting the certificate usually only takes a few days. Do not let the mediation step delay you. Contact the service as soon as you receive the decision letter.
Does mediation affect your tribunal deadline?
Yes, in a helpful way. If you take part in mediation and it does not resolve the dispute, the 2-month deadline for registering your tribunal appeal is extended by 1 month from the date of the mediation certificate.
If you decline mediation, the original 2-month deadline from the decision letter still applies.
What if mediation works?
If you and the local authority reach an agreement through mediation, the mediator will record it. The local authority should then implement the agreement. If they do not, you can still go to tribunal.
Mediation agreements are not legally binding in the same way as a tribunal order. If the local authority fails to follow through, the tribunal remains your backstop.
Try asking this question in a chat:
“I need to appeal to the tribunal. How do I get a mediation certificate?”