Literature Articles

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 [email protected] 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?

Literature Articles are currently under maintenance. Functionality is limited.

"Fair Adjudication”: Due Process Hearings Under The IDEA

ABSTRACT: Most of the litigation concerning the fairness of DPHs has focused on impartiality, with most of the claims targeting only the local, not the state, education agency. Recently, the fairness challenges have extended to other aspects of DPHs, such as the competence of hearing officers, and...
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Alternative dispute resolution and agency costs.

This research examines consumer choices of alternative dispute resolution in light of the various costs and benefits associated with each of those choices. An agency theoretic framework is employed to model the buyer-dispute resolver dyad in terms of a principal and agent relationship. Costs of mode...
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An Analysis of Due Process Hearing Decisions for “Section 504-Only” Students

ABSTRACT: The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for Section 504-only students. Part I of this article provides a brief overview of the regulatory requirement for these...
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An empirical assessment of the impact of formal versus informal dispute resolution on poverty: A governance-based approach.

Based on governance-related criteria, this article provides the empirical jurimetric verification of the how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency enhancing channels to redress grievances in less developed countries. Based on data collected in 16...
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An evaluation of two mediation techniques, negotiator power, and culture in negotiation.

This study examines the effects of 4 factors in a mediated transfer-pricing negotiation: (a) the mediator's suggestion that negotiators have concern for the other (opposing) negotiator; (b) the mediator's proposal of moderate goals; (c) negotiator power; and (d) culture. In the simulated...
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An experiment in the mediation of grievances

This article presents the results of an experiment conducted by the U.S. Labor Department which examined the merits of grievance mediation relative to arbitration in the coal mining industry. The authors discuss the rationale for conducting the test; resolution of grievances that were submitted to...
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Applying a mediated negotiation framework to integrated coastal zone management.

Conflict is intrinsic to coastal zone management, yet relatively few peer-reviewed studies have examined how coastal managers might apply conflict resolution processes in the coastal zone management (CZM) context. The authors believe that many of these disputes can be addressed by using a structured...
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Can We Talk? Using Community–Based Participatory Action Research to Build Family and School Partnerships with Families of Color

Research has demonstrated persistent, disproportionally negative educational outcomes for students of color, causing national concern in this area. School personnel increasingly understand the need to engage with parents as educational partners, but parents of color may feel marginalized in these...
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Child custody mediation and litigation: custody, contact, and coparenting 12 years after initial dispute resolution.

Long-term follow-up data were obtained on families who had been randomly assigned to mediate or litigate their child custody disputes. In comparison with families who litigated custody, nonresidential parents who mediated were more involved in multiple areas of their children's lives, maintained...
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