Literature Articles

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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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

Schools versus students' rights: Can alternative dispute resolution build a community.

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict...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

Special education conflict management at the school building level: A multi-vocal synthesis

Research studies and commentaries have analyzed the formal mechanisms associated with special education conflict such as the use of mediation and impartial hearings to resolve disputes. However, specific information regarding the management of special education conflict at the school level is in...Learn more

Special education mediation.

Authors discuss experiences with successful special education mediations through an examination of cases focusing on common elements which have contributed to successful resolution. Provides definition of mediation; conflicts most often leading to mediation or due process; skills of mediators;...Learn more

Special education mediation: Responding to a proposal for reform.

Responds to Jonathan Beyer's proposal in the January 1999 issue of this Journal (EJ583600) that traditional mediation would be useful for resolving special education disputes by formalizing the way that mediators are trained. Relying on empirical research, warns that Beyer's proposals for further...Learn more

Stepping back through the looking glass: Real conversations with real disputants about institutionalized mediation and its value.

Seventy interviews were conducted with parents and school district officials involved in 14 of the 17 cases scheduled to be mediated by Pennsylvania Special Education Mediation Services in November and December 2000. Pre- and post mediation interviews were conducted with both parent and school...Learn more

The ADA mediation guidelines: A community collaboration moves the field forward.

Describes development of guidelines for ADA mediations. Guidelines have increased participation of people w/disabilities in mediations. The mediator training includes a disability awareness component, an explanation of ADA mediation practice issues, and four-hour courses in disability law. Mentions...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 failure of legalization in education: Alternative dispute resolution and the Education for All Handicapped Children Act of 1975.

A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education...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 impact of special education mediation on parent-school relationships.

Finding ways to productively manage conflict in a manner that protects parent—school relationships has become an issue of growing concern in special education. Special education mediation has been promoted as a valuable process, in part, because of its promise for resolving such conflicts in a way...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

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

The state complaint procedure under the Individuals with Disabilities Education Act.

In a survey of Individuals with Disabilities Education Act (IDEA) complaint managers in 35 states, most respondents believed that neither educator nor parental awareness of the state complaint procedure had increased since its reinsertion into the 1992 IDEA regulations. A majority concluded that...Learn more

Use of mediation and negotiation in the resolution of special education disputes.

Provides an overview of the use of mediation and negotiation in special education disputes. Discusses the role of the mediator; method of negotiation and mediation; effectiveness in resolving complaints and outcomes.Learn more

Using participant feedback to evaluate and improve quality in mediation. Briefing paper.

This resource guide describes approaches to evaluating the mediation of special education conflicts, especially the use of participant questionnaires in evaluating mediation programs. Section 1 establishes the evaluation context and lists 10 action steps in the design and implementation of an...Learn more

What About Mediators' Needs?!!

This article will explore the need for mediators to become more self-aware in order to mediate successfully. We believe that mediators need a certain detached yet compassionate strength of self that can only be derived through self-exploration of our own needs, values, and assumptions. Uncovering...Learn more

What are we spending on procedural safeguards in special education, 1999-2000? Special Education Expenditure Project (SEEP).

This report explores the fiscal implications of providing procedural safeguards in special education and is part of the Special Education Expenditure Project (SEEP), a national study utilizing 23 different surveys to collect data at the state, district, and school levels for the 1999-2000 school...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

When parents and educators clash: Are special education students entitled to a Cadillac education?

Article is mostly theory; she does recommend mediation in her proposal for avoiding litigation section (pt. IV). Footnote 155 indicates that parties who request mediation have a 75-80% success rate of obtaining a favorable judgment for both parties in Texas, according to Susan Sellars, Program...Learn more

When parents and educators do not agree: Using mediation to resolve conflicts about special education. A guidebook for parents.

This booklet for parents, in question and answer format, provides basic information on the mediation process in the resolution of conflicts between parents and educators concerning special education. The first section is intended to help parents decide if mediation is the appropriate route in their...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

Resolution meetings: State supports and practices.

Schools versus students' rights: Can alternative dispute resolution build a community.

Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Special education conflict management at the school building level: A multi-vocal synthesis

Special education mediation.

Special education mediation: Responding to a proposal for reform.

Stepping back through the looking glass: Real conversations with real disputants about institutionalized mediation and its value.

The ADA mediation guidelines: A community collaboration moves the field forward.

The efficacy of mediation in the resolution of parent-school special education disputes. Report from Rutgers: A working paper series.

The failure of legalization in education: Alternative dispute resolution and the Education for All Handicapped Children Act of 1975.

The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes

The impact of special education mediation on parent-school relationships.

The perceptions of Illinois school administrators and parents regarding mediated special education disputes (due process, dispute resolution).

The role of attorneys in special education mediation. Briefing paper.

The state complaint procedure under the Individuals with Disabilities Education Act.

Use of mediation and negotiation in the resolution of special education disputes.

Using participant feedback to evaluate and improve quality in mediation. Briefing paper.

What About Mediators' Needs?!!

What are we spending on procedural safeguards in special education, 1999-2000? Special Education Expenditure Project (SEEP).

When it's not apparent: Some modest advice to parent advocates for students with disabilities.

When parents and educators clash: Are special education students entitled to a Cadillac education?

When parents and educators do not agree: Using mediation to resolve conflicts about special education. A guidebook for parents.

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