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?
Specific Emphasis
A comparison of mediation and the due process hearing as means for a resolution of disputes in special education.
In the Michigan Revised Administrative Rules for Special Education (1987) there are two methods listed for solving disputes in special education. They are: the Due Process Hearing and Mediation. Due Process Hearings are legalistic and adversarial while Mediations are based on negotiation and...Learn more
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 in special education: A view from the field.
Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions...Learn more
Alternative dispute resolution; An effective strategy for reducing special education due process hearings in California.
Law has protected the educational right of students with handicapping conditions and their parents throughout the nation since 1975. All states have a process in place where parents or schools districts can request a due process hearing at the state level. There is substantial evidence that due...Learn more
Analysis of mediation and hearings to resolve parent-school disputes in special education.
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. <P> The purpose of this study was to...Learn more
Approaches to Dispute Resolution in Additional Support Needs in Scotland
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...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
Beyond mediation: Strategies for appropriate early dispute resolution in special education. Briefing paper.
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...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
Dispute resolution: A review of systems in selected states.
This report discusses findings of a study that investigated the resolution of disputes in the field of special education. Information was collected from ten states (Alabama, California, Illinois, Iowa, Maine, Massachusetts, Minnesota, Virginia, Washington, and Wyoming) on their current dispute...Learn more
Due process hearings: An update. Final report
This report presents data from all 50 states on due process hearings concerning the education of students with disabilities for the years 1992, 1993, and 1994. Data were gathered from a 1996 survey conducted by the National Association of State Directors of Special Education. This survey updates...Learn more
Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.
This study examined the effectiveness of mediation (in comparison with due process hearings) in resolving disputes between parents of children with disabilities and school districts. Respondents (from 10 states) included 35 parents who had taken part in a mediation procedure only; 29 in a mediation...Learn more
Examining the Impact of Special Education Dispute Resolution in Pennsylvania
UMI Number: 3510696 [Excerpts from abstract] "If a disagreement arises between parents and their school district, either party may request a special education due process hearing. However, several alternate options are available and encouraged for parties to consider for resolution of conflicts...Learn more
GAO: Mediation can help solve special education disputes.
This article discusses the U.S. General Accounting Office's (GAO) report on benefits of mediation in solving special education disputes. The role of mediation in providing viable resolutions to disputes between parents and schools over the education of disabled students is discussed as well as...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
Impact of the Resolution Meeting on Due Process in Special Education
[abstract] "The purpose of this study was to assess the effectiveness of the resolution meeting on due process in special education. The study focused on the impact of the resolution meeting on students and the school district by utilizing an analysis of data obtained from due process requests...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
It’s Time for an Alternative Dispute Resolution Procedure
This article presents the case for arbitration as a fitting process for special education disputes. "the availability of arbitration as suggested [herein] would add two improvements to the IDEA dispute resolution system that experience shows are sorely needed: a more balanced “access to justice”...Learn more
Litigation and Special Education: The Past, Present, and Future Direction for Resolving Conflicts Between Parents and School Districts
[Abstract] As we prepare for the upcoming reauthorization of the Individuals With Disabilities Education Act (IDEA), recommendations about restructuring dispute resolution options will likely surface. Conflict between parents and school districts has been a topic of high importance during previous...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 and due process procedures in special education: An analysis of state policies. Final report. project FORUM.
This survey of 50 states and 3 of 10 non-state U.S. jurisdictions concerning state due process procedures focuses mainly on the use of mediation as a form of dispute resolution that offers an alternative to due process hearings in special education. A background section discusses the definition of...Learn more
Mediation and other alternative dispute resolution procedures in special education. Final report.
This report discusses the use of mediation and alternative dispute resolution approaches in special education disagreements between the school and the parents of a child with a disability. The procedural safeguards and due process provisions of the Individuals with Disabilities Education Act (IDEA...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