Setting a Mediation and Requesting a Continuance of Prehearing Conference and Due Process Hearing Dates

A mediation date is not automatically scheduled when a party files a Request for Due Process Hearing and Mediation.  When a party files with OAH a Request for Mediation and Due Process Hearing, OAH will send to the parties a document called, “Scheduling Order Setting Telephonic Prehearing Conference and Due Process Hearing.”  This document is referred to as “Scheduling Order.”

The Scheduling Order will identify the dates OAH has set for the Prehearing Conference and for the Hearing.  Also identified in the Scheduling Order is the deadline date by which the parties must ask OAH to schedule a mediation, if they choose to have a mediation.  The Scheduling Order does not set a date for mediation.

The Scheduling Order contains a great deal of information parties need to proceed through the OAH proceedings.  Read the Scheduling Order carefully.  It contains important information, in addition to the prehearing conference and hearing dates.

Because mediation is voluntary, the parties must agree to mediation dates and times.  Once the parties have agreed on the date and time for mediation they may submit the joint request for mediation.  It is a good idea for the parties to include a second date and time for the mediation as their second choice, in case the first date and time is not available.  Both parties, or their attorney, must sign the Request for Mediation.

OAH provides a form for requesting a mediation date.  This form is optional and may be used even if the parties only wish to schedule a mediation without continuing the hearing.  Both parties must sign the request.  To access the form click on “Request to Set Mediation and Continue Due Process Hearing” or copy and paste into your browser the following URL: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-to-Set-Mediation-and-for-Continuance-of-Initial-Due-Process-Hearing-if-Required.

Requesting a mediation date is a motion and must follow the normal rules for filing motions.  For example, the joint motion “Request to Set Mediation and Continue Due Process Hearing” is considered a “joint” motion as both parties must sign it.  It must be filed no later than three business days before the prehearing conference.  For more information on motions and how to file a motion click on Motions section of this website.  You may access this this same information by copying and pasting into your browser the following URL: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Motions.

When parties ask for a mediation date, the mediation date must be at least 35 days after the date the request for due process hearing was file.  This allows time for the parties to hold a resolution session or decide to waive the resolution session.  For more information on what the resolution session is, click on Procedural Safeguards to view the section on this website.  You may also access this information by copying and pasting into your browser the following URL: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Resources/Page-Content/Special-Education-Resources-List-Folder/Notice-of-Procedural-Safeguards?search=Procedural%20Safeguards

Mediations may be requested for any day of the week, Monday through Friday, and will be scheduled if OAH’s calendar has the date and time available.  Requests may be made up to the date before the requested date, but the date will only be approved if OAH’s calendar has the date and time available.

  Parties are encouraged to agree to a mediation and to submit a request for mediation date at least 10 business days before the mediation to ensure approval for the date the parties have selected.  OAH will let the parties know if the date they requested has been approved.  OAH will do this within two business days after the parties submit their request.  Once the mediation date has been set, parties are expected to go to this mediation.

When requesting a mediation you will need to choose either a whole day mediation or a half-day mediation.  When choosing a half-day mediation you must select either the morning mediation or the afternoon mediation.  Whole day mediations begins at 9:00 AM and may last until 4:30 PM. Morning mediations begin at 9:00 AM and may last until 12:30 PM.  Afternoon mediations begin at 1:30 PM and may last until 5:00 PM.

  If parents or students are not represented by an attorney, OAH staff will contact them within seven days after the Scheduling Order has been sent to help in calendaring a mediation date.  A mediation date may also be set during the prehearing conference if no mediation date has been previously set but the ALJ may require the parties to provide a good reason for the delay in requesting a mediation date.

It is a good idea to schedule a mediation date early, before you begin preparing for the prehearing conference.  Getting ready for the prehearing conference and hearing takes a lot of time and work.  If the parties settle at mediation the parties will avoid all the time and work getting ready for the prehearing conference and hearing.  For more information on what is a Prehearing Conference, click on Prehearing Conference.  You may also access the Prehearing Conference section of this website by copying and pasting the following URL into your browser or by clicking on the link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Prehearing-Conferences

Once a mediation date is set, the parties are expected to attend the mediation.  OAH will not call the parties to ask if the parties will be going to the mediation.  Once mediation is scheduled all parties are responsible for letting OAH know as soon as possible if the mediation needs to be cancelled.  Parties may let OAH know of a cancelled mediation either by calling the After Hours Line at (916) 274-6035 if after normal business hours, or by calling (916) 263-0880 during business hours and leave a message.  Parties may also send by Secure e-File Transfer (SFT) system a written statement that the mediation will be cancelled to: https://www.applications.dgs.ca.gov/oah/oahsftweb

If sent by SFT please be sure to select “Continuance Request” as the document type when uploading the document.  OAH will then notify the parties via telephone that the mediation has been cancelled.

If the parties cancel a mediation date and want to request another mediation date, they must have a good reason, such as illness or another unforeseen, unavoidable reason, or “good cause.”  If the parties believe they do have a good reason, and want to change the date for a mediation that has already been scheduled, the parties should follow the same procedure as for requesting the first mediation date, but make sure to include the reason they cancelled the first mediation.  The parties will need to reach an agreement on a date, and an alternate date, for mediation and submit a request for mediation for those dates to OAH. 

Requesting a mediation date may result in the need to change the date assigned for hearing.  This is called “requesting a continuance” of the hearing.  Both the prehearing conference and the hearing dates originally scheduled by OAH may need to be changed due to the scheduling of a mediation date.  To access OAH’s form click on “Request to Set Mediation and Continue Due Process Hearing.”  You may also obtain a copy of this form by copying and pasting into your browser the following URL: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-to-Set-Mediation-and-for-Continuance-of-Initial-Due-Process-Hearing-if-Required

When filing the motion to obtain a mediation date and continue the hearing, whether or not you use the form, the parties must agree on a date for hearing that falls within 60 days of the date of their preferred mediation date.  The prehearing conference (PHC) should be scheduled six to eight days prior to the first day of hearing and the parties should choose one of the PHC time slots available: 10:00 AM, 1:00 PM, or 3:00 PM on a Monday or Friday.  Prehearing conferences are only held on Mondays and Fridays.  Prehearing conferences may not be scheduled for the morning on the first Monday of the month.

The motion requesting mediation and to continue the prehearing conference and hearing dates must be submitted no later than the date the prehearing conference statements are due.  The date the prehearing conference statements are due is shown on the Scheduling Order.  However, all requests for mediation should be submitted as early in the process as possible for maximum benefit to the parties.  All continuance requests must be submitted in writing and are called “motions.”

OAH will send out a written order saying whether or not it has agreed to assign the new mediation date.  If new dates are granted for the prehearing conference and hearing, the order will include the new dates, as well as the new mediation date.

There are detailed instructions on the optional form “Request to Set Mediation and Continue Due Process Hearing.”  Even if you choose not to use this form it is advisable to read these instructions first.  To access a copy of this optional form click on "Request to Set Mediation and Continue Due Process Hearing." You may also access this form by copying and pasting into your browser the following URL: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-to-Set-Mediation-and-for-Continuance-of-Initial-Due-Process-Hearing-if-Required

Any party may request to change a mediation, prehearing conference or hearing date by filing a motion.  Asking OAH to postpone dates is called a "request for continuance."

If all parties in a case want to postpone dates, the request is called a “Joint Request for a Continuance.”  All parties must agree on the dates in a joint request.  The parties must provide a good reason for requesting a continuance, which is called “good cause”.  An example of “good cause” might be illness, or that that an essential witness is not available or is out of the country until a certain date.  It does not include failing to prepare for the hearing.  A joint request for a continuance must be signed by all parties. 

OAH has only one form to file a joint request for a continuance of the hearing and prehearing conference on the website.  It is called, “Request to Set Mediation and (Continuance of Initial Due Process Hearing, if Required).”  This is the same form which may be used to request an initial mediation date when also asking to continue the prehearing conference and the hearing. This form must be signed by all the parties to the case.  Parties are not required to use this form to submit a joint request – parties may submit a letter, instead, as long as all of the information is included.

If the parties do not agree, then the requesting party may use the form “Request for Continuance of Due Process Hearing Dates.” Parties are not required to use this form – a party may submit a letter, instead, as long as all of the information is included. 

Hearings are only continued on a showing of good cause (i.e. the reason or reasons you are asking for a continuance.)  The reason or reasons for the request for the continuance must be stated, and a signature is required under penalty of perjury.

Before filing a motion asking for a continuance of any dates, a party should first ask the other parties to agree to postpone the dates and to try to agree upon new dates.  If any of the other parties do not agree, the party may file their own motion for continuance.

A motion for continuance should include:

• A statement that the parents have tried to contact the all of the other parties and that the other parties do not agree to a continuance, or that the parties cannot agree on dates;
• The reason for the request; and
• The new date or dates the parents would like.

• Request to Set Mediation and (Continuance of Initial Due Process Hearing) - Available in alternate languages
• Request for Continuance of Due Process Hearing Dates - Available in alternate languages