Mediation and the mediation certificate: how does it work?

Mediation is a structured conversation with the local authority, run by an independent service, aimed at resolving a disagreement before it reaches the Tribunal. In most cases, considering it, not necessarily doing it, is a required step before you can appeal.

How does the process actually work?

1. You contact a mediation adviser, who explains how mediation works and asks whether you want to proceed
2. If you decline, a certificate confirming mediation was considered is issued within three working days
3. If you agree, mediation is arranged within 30 days
4. If it doesn't resolve things, you still have a further month to appeal once mediation ends

Is there ever an exception?

Yes. If your appeal is solely about the school, college, or type of setting named in Section I of the plan, you don't need a mediation certificate at all.

Can mediation cover health or social care too?

Yes, mediation can be requested specifically about the health or social care elements of a plan, separately from the main educational appeal, connected to the Tribunal's wider powers over those sections.

Deciding whether to actually take part in mediation, not just get the certificate, is a genuine judgement call many parents face alone. SEND Assistant helps you understand what mediation involves before you decide. Try SEND Assistant free.

Frequently asked questions

Do I have to attend mediation in person?

Formats vary by mediation service, many are conducted remotely by phone or video.

Does declining mediation harm my appeal?

No, declining and getting a certificate is a normal, accepted route to appeal.

Can I still appeal if mediation partly resolves things?

Yes, you can appeal on whatever remains unresolved.

How long does the whole mediation process typically take?

Arranging mediation itself takes up to 30 days once agreed, on top of the time to first request the certificate.

Is mediation legally binding?

No, any agreement reached through mediation isn't itself a binding order, though it may be reflected in the EHC plan afterward.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.