The purpose of this study was to determine what were the best practices used by four Special Education Local Plan Areas (SELPAs) in California as they implemented local alternative dispute resolution (ADR) processes. Local ADR was also contrasted to state level due process mediations and hearings to determine why a SELPA might want to create a non-mandated conflict resolution process rather than direct parents toward the mandated state level due process. Twenty-one informants were interviewed and documents were analyzed. Informants included: SELPA administrators (n = 7), district staff utilizing ADR (n = 4), parents who have been trained in local ADR and/or utilized local ADR (n = 6), and ADR trainers (n = 4) who provided training in how to implement local ADR within a SELPA.
Local ADR was different from state level ADR because its primary aim was to assist parents and school staff in maintaining or rebuilding a positive working relationship while at the same time resolving conflicts affecting both of them.
This research uncovered several best practices for SELPAs/districts who decided to create their own local ADR process. These best practices revolved around how to design an effective local ADR program which would include: (1) Create a local ADR design team made up of all the stakeholders in the SELPA. (2) Visit and talk with SELPAs that have successful local ADR programs. (3) Commit the monetary and personnel resources to support an ongoing ADR effort. (4) Choose a training organization which can provide ongoing support. (5) Commit to ongoing training of local mediation panel members. (6) Use a dual mediator panel and have one panel member be a parent. (7) Develop an effective community advisory committee and include parents in trainings. (8) Develop a resource parent program. (9) Train selected staff in how to conduct facilitated IEP meetings. (10) Develop a district/SELPA culture which supports parents as partners. (11) Train staff and parents in communication, negotiation, and mediation skills. (12) Create a follow-up process to ensure mediation settlement timelines are honored. (13) Develop an ongoing evaluation component for the local ADR. (14) Use the term “local” ADR to differentiate what SELPAs do from state level ADR.
(ABSTRACT BY AUTHOR)