When a Mediation Date has not yet Been Set

 

A mediation date is not automatically scheduled when a party files a Request for Due Process Hearing and Mediation.  OAH will send the parties a document called “Scheduling Order Setting Telephonic Prehearing Conference and Due Process Hearing (Scheduling Order)” identifying the prehearing conference date, the due process hearing date and the deadline by which the parties need to file a request for mediation, if they decide they want a mediation. 

 

Because mediation is voluntary, the parties must agree to a mediation date and submit the request for mediation.  It is a good idea for the parties to include a second date for the mediation as their second choice.  OAH provides a form for requesting a mediation date, “Request to Set Mediation (and Continue Due Process Hearing).” This form is optional.  Both parties must sign the request. 

 

The date the parties select for mediation may require a continuance of the prehearing conference and/or the due process hearing.  If a continuance of some or both of these dates, the parties should provide the new dates requested, and alternate dates in case the dates requested are not available.

 

Time restrictions on when a mediation date may be set do apply.  Review of the information on requesting a mediation date is highly recommended. See Setting a Mediation and Requesting a Continuance of Mediation, Prehearing Conference, or Due Process Hearing Dates.

 

When a Mediation Date has been Set but a Party Needs to Continue

 

OAH does not provide a form to use when requesting a change in the date for mediation.  The parties should discuss what dates will work best for the new mediation and submit a joint request.  This may be done in a letter but both parties should sign the request.

 

When a Party Needs to Continue a Due Process Hearing

 

As Part of Request to Set Mediation:  Requesting a mediation date may result in the need to change the date assigned for hearing.  Parties may use OAH’s form “Request to Set Mediation (and Continue Due Process Hearing, if required."  The Request to Set Mediation (and Continue Due Process Hearing) form allows the parties to select this option and provide dates for the new prehearing conference and due process hearing dates. 

 

Time restrictions on when a mediation date may be set do apply.  Review of the information on requesting a mediation date is highly recommend.  Time restrictions on when  a mediation date may be set do apply. Review of the  information on requesting a mediation date is highly recommended. See Setting a Mediation and Requesting a Continuance of Mediation, Prehearing Conference, or Due Process Hearing Dates.

 

 

When a Party Needs to Continue a Mediation, Prehearing Conference, and/or Due Process Hearing Dates

 

Parties Agree on Continuance:  If all parties in a case want to postpone dates, the request is called a “Joint Request for a Continuance.”  OAH has only one form to file a joint request for a continuance of the hearing and prehearing conference on the website.  This optional form is called “Request to Set Mediation and (Continue Initial Hearing Dates).”  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.  See Setting a Mediation and Requesting a Continuance of Mediation, Prehearing Conference, or Due Process Hearing Dates

 

Parties do not Agree on Continuance:  If the parties do not agree, then the requesting party may use the optional form “Request for Continuance of Special Education 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.

 

When requesting a continuance, either jointly or without the agreement of all parties, the rules for filing motions must be followed, including providing copies of the motion to all parties.  See Motions.

 

Contact

Special Education Division

Office of Administrative Hearings

2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Main Contact Number:  (916) 263-0880

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