Why Mediation Is (Usually) Worth It

If your local authority has refused to assess, refused to issue a plan, or issued a poor final EHCP, it’s almost always worth requesting mediation.

Many families hesitate at this stage - understandably. After months of frustration, the thought of another meeting with the same people who have already said no can feel pointless, or even retraumatising.

But mediation isn’t about trusting the system to do the right thing. It’s about using every available mechanism to bring clarity, accountability, and momentum into a process that so often grinds to a halt.

Here’s why mediation is (usually) worth it…

It’s a chance to put everything on the table

Mediation creates a set time and space to say, clearly and calmly: this is what’s happening.

It’s often the first point where the LA must stop, take stock, and look properly at the situation - with an independent mediator present to keep things focused and fair.

It’s a moment that can bring the whole picture into view, shining a light on what’s really going on, and where things have been missed.

It shows you understand your rights

Mediation isn’t about being combative. It’s about showing that you understand your child’s needs, know the law, and won’t be brushed off.

You’re not being “difficult”- you’re being proactive and informed.

It helps you understand their position

Even if nothing changes on the day, mediation helps you see what the LA is relying on - where the weak points are, what evidence they think they have, and which arguments they’re likely to use later.

That insight can make your appeal case far stronger if you do need to take it further.

You can (and should) prepare in advance

There’s nothing stopping you from sharing key information with the mediation service and the LA before the meeting.

In my own cases, I often find out who the LA representative will be and write directly to them with a clear position statement setting out:

• The background

• The legal position

• What needs to happen next

Sometimes this alone prompts agreement before mediation even takes place - especially in refusal to assess or refusal to issue cases - saving everyone time.

Even when it doesn’t, it ensures the mediator and LA walk in fully aware of your position and the evidence supporting it.

It doesn’t close any doors

If you’re not satisfied after mediation, you can still appeal - and in most cases, that’s exactly what I recommend.

• For refusal to assess or issue appeals, 98–99% are overturned.

• Don’t be persuaded to “reapply with more evidence.” That’s a delay tactic. You can gather further evidence while your appeal is in progress.

Appeals rarely take as long as they sound

Yes, the SEND Tribunal is currently listing hearing dates 12+ months ahead - but that doesn’t mean you’ll wait that long. Many cases settle or are conceded much earlier, often within just a few months.

For contents appeals

Appealing doesn’t mean rejecting the current plan or losing what’s already in it.

The EHCP stays legally in force throughout, and the working document process allows ongoing negotiation and amendment before the hearing.

In some cases, that process alone is enough to resolve the issues without ever needing to attend a tribunal.

💭 “But it’s so emotionally draining…”

Completely understandable - it is.

But it’s worth thinking about the alternative: what happens if you don’t push back?

Because living with ongoing unmet needs, school trauma, or a child out of education for months or years is its own kind of exhaustion.

Sometimes the question isn’t whether you have the energy to keep going - it’s where that energy will make the most difference.

💭 “But my LA cancels or delays mediation…”

Sadly, this is happening more and more - and it’s not okay.

If your LA keeps cancelling or pushing mediation beyond the 30-day timeframe, go straight to appeal.

But if mediation is still on the table and they’re willing to meet, it’s worth taking the opportunity.

Even an imperfect session can reveal useful information, move things forward, or expose weak reasoning that strengthens your case.

And remember: any preparation you’ve done - your notes, your evidence, your position statement - can all become part of your appeal. Nothing is wasted.

💡 Coming soon

I’m putting together new resources to help families prepare for different types of mediation - including what to expect, how to structure your case, and how to make the most of the opportunity when it arises.

Follow @CanarySEND socials or keep an eye on canarysend.co.uk to stay in the loop.

⚖️ In short

Mediation isn’t about being naïve or expecting instant change.
It’s about using every available route to move things forward - strategically, calmly, and from a position of strength.

Sometimes, it’s the process itself that helps bring everything into the light.