This searchable database contains bibliographic information for literature (research-based and policy/practice) relating to dispute resolution in special education.
CADRE is interested in identifying additional articles and publications to include in this database. If you are aware of other such resources, please send an email to cadre@directionservice.org with as much information as possible about the resource (e.g., title, author, source, date), and include a copy of the publication or a URL link, if available. Interested in emerging research and knowledge gaps in IDEA dispute resolution?
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A comparison of mediation and the due process hearing as means for a resolution of disputes in special education.
In the Michigan Revised Administrative Rules for Special Education (1987) there are two methods listed for solving disputes in special education. They are: the Due Process Hearing and Mediation. Due Process Hearings are legalistic and adversarial while Mediations are based on negotiation and...Learn more
A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act
Certainly litigation in federal court is a critical component to implementing this vital civil rights statute, and mediation is not appropriate for every kind of disability employment rights case. However, mediation is not second-class justice either, and in many instances, with procedural...Learn more
A mediation strategy for special education disputes.
Addresses the successes and challenges associated with mediation in special education disputes in Missouri. Reauthorization of the Individuals with Disabilities Education Act in June 1997 and National Association of State Disorders of Special Education's studies on mediationLearn more
Accountability In special education mediation: Many a slip 'twixt vision and practice?
As a result of recent federal legislation, states are required to provide mediation as a dispute resolution option to parents and school districts involved in special education disputes. Although states are mandated to provide mediation services, the law gives little guidance as to how states...Learn more
ADA Mediation Guidelines
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act and to assist mediators to understand how to make mediations in any context...Learn more
ADR: To be or…?
Article analyzes success of mediation, arbitration, summary jury trials in general. Most studies cited did not relate to special ed mediation but might be useful to inform methodology of future studies. Article reports some data on special ed mediations, finding higher correlation with parental...Learn more
Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all
Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.Learn more
Alternative dispute resolution in special education: A view from the field.
Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions...Learn more
Alternative dispute resolution under the Individuals with Disability Educational Act: A case study of early intervention mediation (Iowa).
All states are required to offer mediation services for the voluntary settlement of special education disputes after a due process hearing has been requested as a result of the 1997 Amendments to the Individuals with Disability Education Act (IDEA). However, Iowa is one of only a few states that...Learn more
Alternative dispute resolution: Panacea or anathema?
Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes,...Learn more
Alternative dispute resolution; An effective strategy for reducing special education due process hearings in California.
Law has protected the educational right of students with handicapping conditions and their parents throughout the nation since 1975. All states have a process in place where parents or schools districts can request a due process hearing at the state level. There is substantial evidence that due...Learn more
An analysis of factors that contribute to parent-school conflict in special education.
Interviews with 22 parents who had participated in a special education appeals process, 16 school officials, and 6 mediators found 8 factors that escalate parent-school conflict: discrepant views of a child or a child's needs, knowledge, service delivery, reciprocal power, constraints, valuation,...Learn more
Analysis of mediation and hearings to resolve parent-school disputes in special education.
Until recently, special education parent-school disputes in New Jersey were resolved using formal hearing procedures. Participant dissatisfaction with formal hearings has led to the use of an alternative form of dispute resolution, that is mediation. <P> The purpose of this study was to...Learn more
Analysis of Special Education Mediations in Texas, 2006-08
The purpose of this study was to explore variables which might influence the frequency of Texas special education mediations used for dispute resolution. Variables such as district size, location, economic level, and the State Accountability Rating were investigated and evaluated. In order to...Learn more
Approaches to Dispute Resolution in Additional Support Needs in Scotland
This article presents interview research with education officials, parents and parent advocates concerning Scotland's experience with mediation in special education issues. The authors address the following questions: "(1) how are low-level intervention strategies used by schools and local...Learn more
Balancing acts: Dispute resolution in the U.S. and English special education law.
Compares special ed. law in US and England. States that the lack of legal representation for low-income parents during dispute resolution affects the fairness of the process, and that parents that don’t have legal advice during mediation are more likely to pursue a due process hearing. Those that...Learn more
Beyond mediation: Strategies for appropriate early dispute resolution in special education. Briefing paper.
This paper describes causes of special education conflict and explores alternative conflict management approaches being pioneered by state education agencies and school districts. The focus is on early informal dispute resolution strategies as alternatives to due process hearings and mediation...Learn more
Buckhannon, special education disputes, and attorneys' fees: Time for a congressional response again.
Discusses effect of Buckhannon case on attorney fees in special education mediation. Prior to this case, if parents were the “prevailing party” in mediation, the parents’ attorney could seek fees from the school district. Now, if parents and school districts enter into a settlement through...Learn more
Building a foundation for special education mediation in Virginia's high schools.
This article focuses on the special education mediation that was conducted in various high schools in Virginia, United States. It discusses how to choose a mediator; implementation of a statewide system of mediation using a baseline identified in the Individuals With Disabilities Education Act of...Learn more
Collaborating for our children’s future: Mediation of special education disputes
This article reviews the emergence of mediation in special education disputes, situating it within a continuum of dispute resolution processes. The authors discuss the trends toward collaboration in federal legislation from 1975's Education for All Handicapped Children Act through IDEA's...Learn more
Collaboration and conflict resolution in education.
Presents guidelines for resolving conflicts between educators and parents. Participants should seek different perspectives, not "truths," consider the common ground, define an effective problem-solving procedure, adopt ground rules for discussion, address issues, identify interests and positive...Learn more
Conflict management in early intervention: Procedural safeguards and mediation.
A study of state Part H coordinators investigated conflict management in early-intervention systems. Results found that 41 state agencies have already established a formal statewide mediation option for resolution of disputes related to Part H between families of infants and young children and...Learn more
Conflict resolution in special education and Section 504 through mediation. Mediators manual [and] school information.
This manual is designed to familiarize mediators with the mediation process and what will occur during a mediation session. Information is provided on the following topics: (1) mediation in special education under the Individuals with Disabilities Education Act and under Section 504 of the...Learn more
Conflict resolution in the schools: A manual for educators.
Based on material developed by the National Institute for Dispute Resolution (NIDR), this practical resource guide shows principals, district administrators, counselors, and teacher educators how to diagnose conflicts, handle difficult confrontations, and implement appropriate mediation and problem...Learn more