I've spoken to many parents who believe that mediation is mandatory in Massachusetts. This is not the case. Mediation is voluntary. If the school requests mediation, parents can decline. Similarly, parents can invite the school to mediation and the school can refuse to participate. Participation in a due process hearing is mandatory. This is one way mediation differs from a due process hearing.
There are many other important differences between due process and mediation. The outcome of a due process hearing is the decision of the hearing officer. In mediation, if any decision is reached (sometimes parties can't resolve their dispute via mediation) the outcome represents the mutual decision of the parties. The mediator's job, as the name implies, is to mediate. If parties cannot resolve their dispute with mediation, a due process hearing may be necessary. Mediation generally take less time than due process hearings. Therefore, a successful mediation session saves time, but an unsuccessful mediation session prolongs the process. There are other very important factors to consider when deciding to pursue or decline mediation. I frequently consul clients on this issue, as the best approach depends on individual circumstances.
Mediation is not Mandatory!