ERIC Number: ED471809
Record Type: Non-Journal
Publication Date: 2002-Sep
Reference Count: N/A
Considering Mediation for Special Education Disputes: A School Administrator's Perspective.
Bar-Lev, Nissan B.; Neustadt, Sam; Peter, Marshall
This pamphlet describes, from an administrators perspective, the advantages and disadvantages of mediation to solve special education disputes between parents and schools. It first notes mediation requirements under the 1997 reauthorization of the Individuals with Disabilities Act whenever a due process hearing has been requested, as well as specific requirements concerning selection of mediators, mediation cost responsibility, and confidentiality. The benefits of mediation are identified, such as mediation is less expensive than due process; mediation is an expeditious process; mediation improves relationships; mediation is less adversarial; mediation is confidential; the mediation process is shaped by parents and educators; and mediation encourages creative solutions. Concerns about mediation include the following: the belief that mediation leads to due process; the concern that mediated agreements will not be implemented; the perception that mediation will not be useful; and the fact that sometimes a due process hearing is the appropriate method to resolve a special education dispute. (DB)
Descriptors: Compliance (Legal), Conflict Resolution, Disabilities, Due Process, Educational Legislation, Elementary Secondary Education, Federal Legislation, Hearings, Parent School Relationship, Special Education
Consortium for Appropriate Dispute Resolution in Special Education (CADRE), P.O. Box 51360, Eugene, OR 97405-0906. Tel: 541-686-5060; Fax: 541-686-5063; e-mail: email@example.com. For full text: http://www.directionservice.org/cadre.
Publication Type: Opinion Papers
Education Level: N/A
Audience: Practitioners; Administrators
Sponsor: Special Education Programs (ED/OSERS), Washington, DC.
Authoring Institution: Consortium for Appropriate Dispute Resolution in Special Education (CADRE), Eugene, OR.
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act Amendments 1997