What is mediation?

EHCP mediation is a process where you and the local authority meet with an independent mediator to try to resolve your disagreement about an EHCP decision. It's meant to be quicker and less confrontational than a Tribunal. The mediation service is free for parents and funded by the local authority. However, any agreement reached in mediation is not legally binding - unlike a Tribunal decision.

Do you have to mediate?

You must contact a mediation service before you can register a Tribunal appeal - but you do not have to actually mediate. You can simply request a mediation certificate, which confirms that you've been informed about mediation and have chosen not to participate. This is your legal right. The mediation service must issue the certificate, and you can then proceed directly to Tribunal.

When mediation might help

Mediation can be useful if: the disagreement is relatively minor (e.g., the amount of a specific therapy), the LA seems willing to negotiate, you want a quicker resolution, or you're not ready for Tribunal. Some parents find that the LA becomes more reasonable once a mediator is involved. However, mediation works best when both sides are genuinely open to compromise.

When to skip it

Skip mediation and go straight to Tribunal if: the LA has refused to assess entirely, the disagreement is fundamental (e.g., school placement), you've already tried negotiating without success, or you believe the LA is acting in bad faith. Many experienced SEND advisers recommend going straight to Tribunal because: it's legally binding, it stops the clock on further delays, and the process is designed to be fair to parents.

The timeline

After the LA makes their decision, you have 2 months to register a Tribunal appeal. The mediation certificate process usually takes 1-2 weeks. Don't leave it too late - once you have the certificate, register your appeal as soon as possible. EHCP Expert can generate both your mediation contact letter and your Tribunal appeal.