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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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; 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
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
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
Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.
This study examined the effectiveness of mediation (in comparison with due process hearings) in resolving disputes between parents of children with disabilities and school districts. Respondents (from 10 states) included 35 parents who had taken part in a mediation procedure only; 29 in a mediation...Learn more
Grievance resolution in special education: A descriptive evaluation of the issues relating to mediation.
The purpose of this study was to identify the issues that arise in schools in relation to grievance in special education and to discover whether mediation may be a useful option in the resolution of grievances. The perspectives of parents of students with disabilities and primary principals were...Learn more
How to avoid the nasty little words, "I'll see you in court!"
The author provides advice for school principals on how to use mediation to avoid litigation over school-related conflicts. The advice incorporates two examples of the effective use of mediation to resolve disputes in school-related conflicts.Learn more
Is mediation a fair way to resolve special education disputes? First empirical findings.
Examines whether special ed. mediations are successful and looks at parents’ and schools’ perceptions of fairness, satisfaction with results, implementation of agreements, and looks at SES of parents, characteristics of children, wealth of districts, and presence of advocates. Authors collected...Learn more
Local alternative dispute resolution: Best practices in four California special education local plan areas.
The purpose of this study was to determine what were the best practices used by four Special Education Local Plan Areas (SELPAs) in California as they implemented local alternative dispute resolution (ADR) processes. Local ADR was also contrasted to state level due process mediations and hearings...Learn more
Mediation in Nebraska: An innovative past, a spirited present, and a provocative future.
Pre-IDEA amendment, NE enacted a Special Education Option through the NE Office of Dispute Resolution and Dept. of Ed. The mediation centers under this option provide public outreach, conflict resolution skills training, and mediation services for school districts and families involved in sped...Learn more
Mediation in special education: Two states' experiences.
The report examines the use by two state governments of mediation to resolve disputes between schools and parents of handicapped children. Officials, parents, educators, and legal personnel from California and Massachusetts were interviewed, mediations were observed, mediation agreements examined,...Learn more
Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.
This Article examines whether or not a mediation process can be created that fits squarely into the goals of the IDEA. Mediation has become the preferred method for settling disputes under the IDEA between schools and families. Article discusses prior research that found high rates of settlement,...Learn more
Resolution meetings: State supports and practices.
This In-Brief Policy Analysis is based on a survey sent to all special education units of state education agencies and interviews with eight states. Findings are synthesized for types of supports provided, frequency of resolution meetings, factors that impact the use of resolution meetings, and...Learn more
The efficacy of mediation in the resolution of parent-school special education disputes. Report from Rutgers: A working paper series.
The study reported here focused on whether some special education disputes are resolved more effectively and efficiently by mediation than by a due process hearing, and whether parents and school officials feel satisfied about the process, outcome, and implementation of the agreement. Researchers...Learn more
The perceptions of Illinois school administrators and parents regarding mediated special education disputes (due process, dispute resolution).
The purpose of this study was to determine if the process and outcome of mediation of disputes between Illinois parents and school administrators over special education issues were perceived to be a fair and satisfying alternative to the legally mandated conflict resolution process, the due process...Learn more
When it's not apparent: Some modest advice to parent advocates for students with disabilities.
Article focuses on advice to parents in working with schools to develop and implement IEPs. Author states that resorting to litigation has been increasingly unsuccessful, especially in the 9th Cir. where courts have repeatedly held that parents must exhaust all administrative proceedings and...Learn more