Mediation vs Tribunal: Understanding Your EHCP Appeal Options

You’ve received the final EHCP, and it’s not right. Maybe the provision is vague, maybe the wrong school is named, maybe needs you know your child has aren’t even mentioned. You’ve decided to appeal. Good. But now you’re faced with a confusing choice: mediation or tribunal? Do you have to do mediation first? Can you go straight to tribunal? Which gives you the better chance of success?

The UK SEND system offers two routes for resolving EHCP disagreements: mediation and tribunal. Understanding the difference—and knowing which to choose when—can make the difference between months of stressful delay and getting your child the support they need quickly. This guide will help you navigate these options strategically.

Understanding the Two Routes

What Is SEND Mediation?

Mediation is an informal, confidential meeting where you, the local authority, and an independent mediator try to reach agreement about your child’s EHCP. The mediator is neutral—they don’t take sides or make decisions, but they facilitate discussion to help you find common ground.

Key Features of Mediation:

• Voluntary: You can’t be forced to mediate (though you must consider it—more on this below)
• Free: The LA pays for the mediator
• Quick: Should happen within 30 days of your request
• Informal: Less formal than tribunal, usually around a table
• No binding decision: The mediator can’t force the LA to do anything; you’re trying to reach agreement
• Confidential: What’s said in mediation can’t be used in later tribunal

What Is SEND Tribunal?

The First-tier Tribunal (Special Educational Needs and Disability) is a legal hearing where an independent panel makes binding decisions about your child’s EHCP. It’s formal, evidence-based, and the tribunal has the power to order the LA to make specific changes to the EHCP.

Key Features of Tribunal:

• Legal process: Formal hearing with judges, evidence, witnesses
• Binding decision: The tribunal can order the LA to make specific changes
• Free to parents: No cost to appeal (though many use legal help)
• Longer timeline: Typically 4-6 months from appeal to hearing
• Evidence-based: Decisions based on written evidence and oral testimony
• High success rate: Majority of parents win fully or partially

The Mediation Certificate Requirement

Here’s where it gets confusing. Before you can appeal to tribunal, you must obtain a “mediation certificate.” This doesn’t mean you have to attend mediation—it means you must contact a mediation service and make a choice:

Your Three Options:

• Attend mediation: Try to resolve through mediation before going to tribunal
• Decline mediation: Say no to mediation and get a certificate allowing you to go straight to tribunal
• Mediation and register appeal: Attend mediation but simultaneously register your tribunal appeal (keeping your place in the queue)

Important exception: If your appeal is only about the LA refusing to assess for an EHCP, or refusing to issue an EHCP after assessment, you don’t need to consider mediation—you can go straight to tribunal.

When Mediation Makes Sense

Mediation isn’t always a waste of time. In some situations, it can be genuinely useful:

Good Reasons to Try Mediation:

• Minor disagreements: The EHCP is mostly good but needs tweaks (a few wording changes, slight increase in provision)
• Reasonable LA: You’ve had constructive conversations with the LA before; they seem willing to negotiate
• Speed matters: Mediation happens faster than tribunal (30 days vs 4-6 months)
• Preserve relationships: If you’ll be working with this LA/school long-term, mediation is less adversarial
• No strong expert evidence yet: Your case would benefit from more assessments; mediation buys time
• Test the LA’s position: Use mediation to understand their arguments before tribunal

When to Skip Mediation and Go Straight to Tribunal

In many cases, mediation is a waste of time that just delays getting to tribunal. Consider declining mediation if:

Good Reasons to Skip Mediation:

• Fundamental disagreements: The LA has named wrong school/setting type; mediation unlikely to change this
• LA has been unreasonable: They’ve ignored evidence, missed deadlines, refused to engage constructively
• Inadequate provision throughout: The whole EHCP needs rewriting, not just tweaking
• Time is critical: Your child is out of school, at crisis point, or facing transition
• Previous mediation failed: You’ve tried mediation before on similar issues without success
• Strong case: You have comprehensive expert evidence; tribunal is likely to side with you
• LA policy issues: The LA has blanket policies that mediation won’t shift (e.g., “we never provide 1:1 support”)

Pro tip: Even if you decline mediation, the mediator may call to discuss. You’re not obligated to engage beyond saying “I don’t wish to mediate.” They must then issue your certificate within 3 days.

The Strategic Option: Mediate AND Register Tribunal Appeal

There’s a third path that’s often smartest: attend mediation while simultaneously registering your tribunal appeal. This gives you two advantages:

• You don’t lose tribunal timeline: Your tribunal hearing date is being scheduled while mediation happens
• Mediation with leverage: The LA knows you’re serious because you’ve already appealed

This approach means that if mediation succeeds, great—you can withdraw the appeal. If mediation fails, you haven’t lost 1-2 months waiting; your tribunal case is already progressing.

What Happens in Mediation?

If you do decide to try mediation, here’s what to expect:

Before the Meeting

• The mediator will contact you to discuss your concerns
• They’ll contact the LA to understand their position
• A date is set (usually within 30 days)
• The meeting is typically at a neutral venue
• You can bring a supporter (not a legal representative speaking on your behalf)

During the Meeting

• Usually lasts 2-3 hours
• Mediator explains the process and ground rules
• Each side explains their position
• Mediator facilitates discussion, asks questions, explores options
• Sometimes the mediator meets with each side separately
• If agreement is reached, it’s written down and signed

After the Meeting

• If successful: The LA should amend the EHCP within agreed timescale (get this in writing!)
• If unsuccessful: The mediator issues a certificate; you can proceed to tribunal
• If partially successful: Some issues resolved; you can still appeal the remaining disagreements

Common Mediation Pitfalls to Avoid

Don’t Make These Mistakes:

• Accepting vague promises: “We’ll look at increasing support” is not good enough. Get specific, written commitments
• Feeling pressured to agree: You’re not obligated to reach agreement. If it’s not right, say no
• Giving up too much: Don’t compromise on essentials just to avoid tribunal
• Not getting it in writing: Any agreement must be written down at mediation, not “we’ll sort it out later”
• Trusting without verifying: Even after agreement, check the amended EHCP matches what was agreed

What Happens at Tribunal?

If you proceed to tribunal (either after failed mediation or by declining mediation), here’s the process:

The Tribunal Timeline

• Register appeal (Week 0): Submit your appeal form with mediation certificate
• LA response (Week 6): LA submits their evidence and response
• Your evidence (Week 8-10): You submit your evidence bundle
• Case management (ongoing): Tribunal may request additional information from either side
• Hearing scheduled (Month 3-6): Usually 4-6 months from appeal registration
• Final evidence (2 weeks before): Last chance for additional evidence
• Hearing day: Formal hearing, usually lasting 3-4 hours
• Decision (1-2 weeks after): Written decision sent to both parties

What Happens at the Hearing

• Panel: Usually 3 people (judge, specialist member, lay member)
• Setting: Informal room, not a courtroom, but still formal process
• Who attends: You, LA representatives, any witnesses you’ve called (e.g., your EP or therapist)
• Process: Panel asks questions of both sides, hears from witnesses, examines evidence
• You speak: You’ll be asked to explain your case and answer questions
• Respectful: The panel is there to understand, not to judge you as a parent

Tribunal Success Rates

Here’s the encouraging news: parents win the majority of SEND tribunal cases. According to official statistics:

• Around 90% of cases are resolved before hearing (usually LA concedes when they see your evidence)
• Of cases that go to hearing, parents win approximately 85-90% fully or partially
• Most successful appeals result in better provision or different school placement

This doesn’t mean tribunal is easy or stress-free. But it does mean that if you have a genuine case, good evidence, and persistence, you have excellent chances of success.

Making Your Decision: A Framework

Still unsure which route to take? Ask yourself these questions:

Decision Framework:

• Is the disagreement fundamental? (Wrong school named, completely inadequate provision) → Skip mediation
• Has the LA been reasonable so far? (Engaged constructively, willing to listen) → Try mediation
• Is time critical? (Child in crisis, urgent situation) → Decline mediation OR mediate while appealing
• Do you have strong evidence? (Multiple professional reports supporting your case) → Tribunal likely to succeed
• Could the EHCP be good with minor changes? (Mostly right, needs tweaking) → Mediation might work
• Will ongoing relationship with LA matter? (Long-term working relationship) → Consider mediation first

How Tediverse Supports Both Routes

Whether you choose mediation, tribunal, or both, you need organized evidence:

Tediverse Appeal Support:

• Evidence Organization: Keep all professional reports, correspondence, and assessments in one place
• Incident Tracking: Log specific examples of unmet needs and inadequate provision
• Progress Monitoring: Demonstrate lack of progress under current provision
• Timeline Creation: Build chronology of events for tribunal bundle
• Data Visualization: Turn tracking data into charts and graphs that make your case clearly
• Report Generation: Create professional reports for mediation meetings or tribunal evidence

Final Thoughts: Choose the Right Path for Your Situation

There’s no universal “right” answer to mediation vs tribunal. The right choice depends on your specific situation—the nature of the disagreement, the LA’s attitude, the strength of your evidence, and your own circumstances.

Some families find mediation genuinely helpful and reach good agreements. Others find it’s a delaying tactic that wastes time before the inevitable tribunal. Still others use both strategically—mediating while tribunal progresses.

What matters most is being informed about your options and making strategic choices. Don’t feel pressured into mediation if it’s clearly not going to work. But don’t automatically dismiss it if it might save time and get you a good outcome.

Whatever path you choose, go in with clear aims, strong evidence, and the confidence that you’re advocating for your child’s legal right to appropriate education. Both mediation and tribunal exist to protect those rights—use whichever route serves your child best.

Related Resources

• Building Your Appeal Case: Essential Evidence and Expert Reports
• EHCP Appeals: How to Challenge Local Authority Decisions
• School Placement Appeals: Fighting for the Right Environment
• SEN Parent Burnout: Prevention Strategies & Self-Care Guide