It’s Time for an Alternative Dispute Resolution Procedure

Date Published:
Source
Journal of the National Association of Administrative Law Judiciary
Authors:
Rosenfeld, S.J.
Volume
32
Issue
2
Page Numbers
361-384

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” and swift and final decisions (at least for a while). Both of these improvements would be of material benefit to the person who is supposed to be the focus of the process: the child." (p.362)

 

The author considers the potential drawbacks of mediation and due process hearings, before turning to a discussion of arbitration's apparent fitness. The article closes with a thoughtful and circumspect admonition that this proposed addition would require trial and testing.