Literature Articles

Based on governance-related criteria, this article provides the empirical jurimetric verification of the how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency enhancing channels to redress grievances in less developed countries. Based on data collected in 16...

This study examines the effects of 4 factors in a mediated transfer-pricing negotiation: (a) the mediator's suggestion that negotiators have concern for the other (opposing) negotiator; (b) the mediator's proposal of moderate goals; (c) negotiator power; and (d) culture. In the simulated...

[abstract] Special education professionals serve as facilitators of Individualized Education Plan (IEP) team meetings. As special educators serve on many IEP teams during the course of an academic year, and as the member composition for each team varies, facilitators are confronted with a unique set...

[Abstract] Due process is a key dispute resolution feature approved by Congress in accordance with the Individuals With Disabilities Education Act, whose goal is to facilitate resolution and minimize conflict. Nonetheless, despite 35 years of use, due process has become a difficult emotional and...

This article presents the results of an experiment conducted by the U.S. Labor Department which examined the merits of grievance mediation relative to arbitration in the coal mining industry. The authors discuss the rationale for conducting the test; resolution of grievances that were submitted to...

[abstract] The Individuals with Disabilities Education Improvement Act (IDEIA) (2004) mandates the establishment of an educational team that convenes once a year if not more to review and adjust each exceptional student’s Individualized Education Program (IEP). There are a variety of social and...

Article provides extensive background on nature and implications of IDEA legislation.

There is limited research about effective Individualized Education Program (IEP) meeting practices that promote family–professional collaboration. One emerging practice, the Facilitated IEP (FIEP) meeting, has recently gained national attention for its team-based approach. In this study, the authors...

Readers who would like to understand the logic behind the regulations are encouraged to read the Analysis of Comments and Changes (Attachment 1) included with the Regulations published in the Federal Register, March 12, 1999. The complete entry from Attachment 1 regarding the regulations under 34...

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. The purpose of this study was to conduct a...

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...

This searchable database contains bibliographic information for literature (research-based and policy/practice) relating to dispute resolution in special education. The list of articles and publications below is organized by publication date; however, you can re-sort the list by clicking on Title...

Conflict is intrinsic to coastal zone management, yet relatively few peer-reviewed studies have examined how coastal managers might apply conflict resolution processes in the coastal zone management (CZM) context. The authors believe that many of these disputes can be addressed by using a structured...

This paper explores methods by which the Individualized Education Plan (IEP) development process can be improved through the use of systems‐based thinking, specifically through the use of Gittell’s (2016) Relational Coordination Model. IEP development meetings have been described as meaningless...

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...

The authors of this study examined published hearing officer decisions under the Individuals with Disabilities Education Act to determine whether they were representative of the frequency and outcomes for the larger group consisting of published decisions and the much greater number of unpublished...

This article reviews thirty-five years of administrative decisions, seeking to understand any differences between families who were represented by attorneys at the hearing and families who were not. Significant differences were found, and the author notes that this correlation does not confirm...

[Abstract] Family involvement in education, including the quality of family–school communication, has been demonstrated repeatedly to have a substantial effect on child development and success in school; however, measures of this construct are limited. The purpose this study was to examine the...

This paper, produced and distributed by the National Early Childhood Technical Assistance Center (NECTAC), is a synthesis of practices and ideas for explaining procedural safeguards to families, which assure that families are fully informed in ways that support their role in the early intervention...

This article reviews five common procedural errors in IEP development: - Not Including Students' Parents in the IEP Process - Predetermining a Student's IEP Services or Placement - Determining Placement Before Programming - Not Fielding an Appropriate IEP Team - Failing to Implement the IEP as...

School personnel often find that parents are dissatisfied with their child's special education program. What individualized education program (IEP) teams do to prevent and handle parents' discontent helps determine if dissatisfaction will turn into a protracted, acrimonious legal battle or an...

The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...

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...

In this article the author focuses on the importance of parental involvement in the IEP process and argues that parents with poor bargaining skills are at a significant disadvantage when negotiating services for their children.