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?
Specific Emphasis
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
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
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
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
Evaluation and cost estimation of special education mediation conferences in California (PL94-142).
Federal Law PL 94-142 provides handicapped children with appropriate education. Parents of handicapped children, if dissatisfied, can make and arbitrate a claim for a different education program for their child. In 1980, under this law California instituted mediation as a less expensive and...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
Making deals in court-connected mediation: What’s justice got to do with it?
This Article argues that particularly within the context of the courts, mediation should be expected to deliver to disputants an experience of justice, more commonly referred to as procedural justice. This Article applies the research findings and theories from the procedural justice literature to...Learn more
Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?
Reports results of Pennsylvania Due Process studies, which examined whether justice is promoted by the IDEA’s due process model. Study found that if parents have the ability to influence the admin. hearings, objective justice was promoted. If the parents were unable to use the process to their...Learn more
Policy-to-Practice—A Portraiture Study of Special Education Implementations to Improve Student Outcomes through Mediation
Abstract: Improving student outcomes for students with disabilities is the primary goal of the Individuals with Disabilities Education Act (IDEA). The IDEA charges school districts to collaborate closely with parents to design and execute an individualized education program (IEP) that allows...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
Representation in Mediation: What We Know from Empirical Research
This article provides an overview of research on representation in mediation, presenting both original research and a review of existing studies. With a primary focus on court-connected civil cases, Wissler explains "different mediation programs appear to have reached different conclusions about...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
Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.
Pt. IV, “Empirical Research on IDEA Disputes.” Focuses on costs and attorney’s fees, but also includes information on prevalence and dynamic of the disputes. First data mentioned is from 1989 report by GAO. Between 1984 and 1988, more disputes appeared to be resolved informally, as numbers of...Learn more
The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes
Abstract This Comment discusses the future of alternative dispute resolution in special education conflicts by first examining a brief history of the IDEA and the areas it covers. Due process complaints under the IDEA and mediation as a solution to due process complaints will then be addressed...Learn more
The role of attorneys in special education mediation. Briefing paper.
This briefing paper examines the role of attorneys, and to a lesser extent advocates, in special education mediation. It attempts to "mediate" the debate by adopting the structure of mediation. It begins with a background chapter offering a historical basis for conflict resolution in special...Learn more