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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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

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: 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

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

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

Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time

UMI Number: 3495232 [Excerpts from abstract] "The study included secondary data analysis to examine the impact of several factors, including the Early Intervention program, demographic factors and potential mediating factors on preschool special education student outcomes. The Pre-elementary...Learn more

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

The Individuals with Disabilities Education Improvement Act (IDEA 2004) and its final Part B Implementing Regulations describe how disagreements about special education services between parents and schools may be resolved. This guide for families will help readers to have a better understanding of...Learn more

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

[Abstract] "Compared to families of students with other types of disabilities, families of students with autism spectrum disorder (ASD) are significantly more likely to enact their procedural safeguards such as mediation and due process. However, we do not know which school, child, and parent...Learn more

Initial review of research literature on ADR in special education.

This article describes a literature search process employed to identify research in ADR and special education, organizes some initial search results, briefly summarizes them, and raises important questions for the purpose of generating a future research agenda.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 the IDEA Act work for families through quality mediation programming.

The purpose of this paper is both to examine the intention of Congress when developing the Individuals with Disabilities Education Act (IDEA), as well as to define the Act itself. It is hoped that upon reviewing and gaining some perspective of the Act's purpose and definition, that we can...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

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 of special education disputes.

Defines special education mediation as “a process whereby the parties in dispute work towards a resolution with the help of a neutral third party, the mediator.” Defines roles of parties and mediator in the process. Lists advantages of mediation: parties control outcome, encourages them to work...Learn more

Optional IDEA alternative dispute resolution.

This In-Depth Policy Analysis is the result of findings based on a survey sent to all special education units of state education agencies. The survey requested information about the use of 10 alternative dispute resolution processes not specifically required under IDEA, the extent of their use, and...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

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

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

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

ADR: To be or…?

Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all

Alternative dispute resolution: Panacea or anathema?

Balancing acts: Dispute resolution in the U.S. and English special education law.

Conflict management in early intervention: Procedural safeguards and mediation.

Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

Initial review of research literature on ADR in special education.

Is mediation a fair way to resolve special education disputes? First empirical findings.

Making the IDEA Act work for families through quality mediation programming.

Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?

Mediation in Nebraska: An innovative past, a spirited present, and a provocative future.

Mediation of special education disputes.

Optional IDEA alternative dispute resolution.

Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.

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

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?

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Literature Articles

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