DARS Mediation in Northern Ireland: What It Is and When to Use It

Before you file a formal appeal with SENDIST NI, you have a free, voluntary alternative: the Dispute Avoidance and Resolution Service, known as DARS. Many parents have never heard of it. Others know it exists but are unsure whether using it will help or simply burn time they cannot afford to lose.

Understanding exactly what DARS is, what it can realistically achieve, and — critically — what it cannot do to your tribunal deadline is the information you need to decide whether it is the right move for your situation.

What DARS Is

DARS is an independent mediation service commissioned to handle SEN disputes in Northern Ireland. It is administered by an independent third-party contractor, Global Mediation, rather than by the EA itself. That independence is important: the mediator is not employed by the authority you are in dispute with, and they have no financial interest in either outcome.

The process is voluntary for parents. You cannot be compelled to attend DARS, and neither can the EA. Both parties must agree to participate.

A DARS session involves a trained, independent mediator who facilitates a structured conversation between you, the school, and EA representatives. The mediator does not take sides, does not make decisions, and cannot impose outcomes. Their role is to help both parties communicate more clearly and, where possible, reach a mutually agreed resolution.

What DARS Can Resolve

DARS works best in situations where the core dispute is about communication, misunderstanding, or minor provision gaps that neither party has properly articulated. It is most effective for:

• Disagreements about the content of a Personal Learning Plan (PLP) or the school's interpretation of Statement provision
• Concerns about how a specific therapy is being delivered in practice
• Disputes about transition planning where both parties broadly agree on the outcome but disagree on the timeline or approach
• Situations where the parent and the school have a breakdown in working relationship that is preventing effective co-operation

DARS has produced genuine resolutions in these kinds of disputes. The informal, facilitated format allows both parties to raise concerns they might not articulate in formal correspondence, and an experienced mediator can reframe entrenched positions in ways that make agreement possible.

What DARS Cannot Do

DARS cannot be used to challenge the EA's formal legal decisions — specifically, a refusal to assess, a Note in Lieu refusing to issue a Statement, or the contents of a final Statement. These decisions require a formal tribunal appeal.

DARS also cannot compel the EA to change a decision. If the EA's position is that your child does not need statutory provision and they are not willing to reconsider, no mediator can force them to act differently. The mediation can only produce an agreement if both parties are willing to move.

Finally — and this is the most important practical point — DARS does not pause your two-month SENDIST appeal deadline.

The Deadline Rule You Cannot Ignore

Many parents assume that if they are participating in DARS mediation, the clock on their tribunal appeal is paused. It is not.

If you have received an EA decision letter that you have the right to appeal — a refusal to assess, a Note in Lieu, or a final Statement you want to challenge — your two-month appeal window continues to run regardless of whether DARS is in progress. You can be deep in a mediation process and simultaneously miss your tribunal deadline. Once the deadline passes, you will almost certainly have lost the right to appeal.

This does not mean you should not use DARS. It means that if you are considering both DARS and a tribunal appeal, you should file the Notice of Appeal first and pursue DARS in parallel. If mediation succeeds and you get what you need, you can withdraw the appeal. If mediation fails or is not completed in time, your appeal is already lodged and your deadline is protected.

How to Access DARS

Contact the EA directly to request access to DARS, or contact Global Mediation — the service administrator — directly. The EA is required to provide parents with information about the service. DARS is free to parents.

Both parties need to agree to participate. If the EA declines to engage with mediation, DARS cannot proceed. This does happen, though it is less common for straightforward provision disputes.

Sessions are generally conducted in a neutral venue or, increasingly, by video. A single session typically lasts between two and four hours. There is no guarantee of an outcome — the parties either reach agreement or they do not, and if they do not, both parties are free to pursue their respective next steps.

Should You Use DARS?

The question every parent faces is whether DARS is worth the time when their child's provision has already been delayed long enough.

DARS is worth considering when:

• The dispute is about how provision is being delivered rather than whether it was correctly specified
• There is a genuine possibility the EA or school has not fully understood the impact of the current arrangements
• You want to try to resolve the dispute quickly and amicably before committing to the tribunal process
• You are in the early stages of a dispute and your SENDIST deadline is not imminent

DARS is less useful when:

• The EA has issued a formal refusal to assess or a Note in Lieu and their position is entrenched
• The core dispute is about what the Statement says legally — provision wording, named school, or the description of needs
• You are already close to your two-month tribunal deadline
• You have tried informal resolution and the EA has not engaged

For most families in a serious dispute about statutory provision or a refusal to assess, DARS is a useful parallel track but not a substitute for preparing a tribunal appeal. The Northern Ireland SEN Appeals Playbook includes a section on dispute resolution pathways — including when to use DARS, when to go straight to tribunal, and how to manage both simultaneously.

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