ERIC Number: ED476294
Record Type: Non-Journal
Publication Date: 2002-Oct
Reference Count: N/A
Beyond Mediation: Strategies for Appropriate Early Dispute Resolution in Special Education. Briefing Paper.
Feinburg, Edward; Beyer, Jonathan; Moses, Philip
This paper describes causes of special education conflict and explores alternative conflict management approaches being pioneered by state education agencies and school districts. The focus is on early informal dispute resolution strategies as alternatives to due process hearings and mediation. Problems with both due process hearings and mediation are identified, especially how late in the conflict process these mechanisms are engaged under the Individuals with Disabilities Education Act. Causes of conflict in special education are identified, including conflicts over design of special education services; conflicts over delivery of special education services; and relationship conflicts due to breakdowns in communication, trust, or cultural differences. Alternative strategies are grouped into: Stage 1--prevention strategies (participant and stakeholder training, a Stakeholders' Council, and collaborative rule making); Stage 2--disagreement strategies (parent-to-parent assistance, case managers, and telephone intermediaries); and Stage 3--conflict strategies (facilitation, mediation hybrid models, the prepared mediation conference, the ombudsperson, and third party opinion/consultation). Four appendices provide: (1) the regulatory provisions of mediation under IDEA '97; (2) a table comparing mediation and hearings; (3) a list of the advantages and limitations of early informal dispute resolution strategies; and (4) a chart giving examples of early dispute resolution strategies. (Contains 73 references.) (DB)
Descriptors: Arbitration, Compliance (Legal), Conflict Resolution, Disabilities, Due Process, Elementary Secondary Education, Federal Regulation, Hearings, Parent School Relationship, Prevention, Special Education, State Departments of Education
Consortium for Appropriate Dispute Resolution in Special Education (CADRE), P.O. Box 51360, Eugene, OR 97405. Tel: 541-686-5060; Fax: 541-686-5063; e-mail: firstname.lastname@example.org. For full text: http://www.directionservice.org/cadre.
Publication Type: Guides - Non-Classroom
Education Level: N/A
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