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ERIC Number: ED451644
Record Type: Non-Journal
Publication Date: 2000
Pages: 44
Abstractor: N/A
Reference Count: N/A
Mediation Plus Options To Resolve the "Real" Problems Underlying Disputes.
Beekman, Lyn
This paper discusses alternatives to court litigation in special education disputes between schools and parents of students with disabilities. It begins by describing problems with the current hearing process and dispelling myths about alternative dispute resolutions (ADR). The advantages and disadvantages of mediation are then outlined, along with the actual mediation process. Reasons why parties refuse to utilize mediation are also addressed. Practical things to consider in mediation are listed and include: (1) consider the mediator's personality, the mediator's knowledge of the law and practice of special education, and the mediator's work experience; (2) keep the pressure on by having the hearing ready to be scheduled within a couple of weeks; (3) be sure that enough time is set aside to conduct the mediation; (4) prepare for mediation by doing some self-assessment and analyzing underlying problems; (5) consider who should participate; and (6) consider what the agreement should cover. Factors to consider before pursing nontraditional dispute resolution options are provided, along with a description of other ADR options such as facilitation, conciliation, and neutral educational evaluation. Attachments include sample agreements for a relations consultant, a trial placement, a neutral third party, mediation, and a less formal hearing process. (CR)
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A