Hickman Lowder

We meet the lifetime legal needs of children and adults with disabilities, the elderly, and their families.

Can I Record a Mediation?

| Apr 15, 2019 | Special Education

Question: I have a meeting with my child’s school district that will be mediated by a representative of the Ohio Department of Education.  Can I record this meeting?

Answer: Regarding recording of meetings in general, it is not a violation of Ohio law to record a conversation IF you are a party to that conversation.  However, some school districts have strict policies against recording IEP meetings.  Where recording is permitted, it’s always recommended that you make it clear to all parties that you intend to record the meeting.  You will not earn anyone’s trust or respect by secretly recording.  You can suggest that the other parties make their own recordings of the same meeting, or agree to share a copy of yours.

Mediation is different because it is a confidential setting; therefore, you cannot record it.  The parties must agree that they cannot use statements or offers presented during mediation for any other purpose or at any other time. If the parents have a disability and want a recording so that they can fully participate, this would need to be discussed with the mediator and the school district prior to the start of the mediation so that they could work together to find a solution to the accessibility issue.