The use of mediation in the resolution of disputes is not new to American society. It is new, however, in the realm of special education as a strategy for problem solving before a disagreement between parents and a school district escalates to the point of necessitating a due process hearing. As a result of the IDEA Amendments of 1997, mediations are now required to be offered as interventions in every state. Missouri, ahead of the regulation, began offering mediations in the fall of 1996. It is the purpose of this article to discuss the successes and challenges associated with mediations as they have occurred because of their brief history in Missouri, with a pointed examination of four specific cases.
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References
1.
Ahearn, E. (1994). Mediation and due process procedures in special education: An analysis of state policies (Final Report). Alexandria, VA: National Association of State Directors of Special Education.
2.
Dobbs, R.F., Primm, E.B., & Primm, B. (1991). Mediation: A common sense approach for resolving conflicts in education. Focus onExceptional Children, 24(2), 1-11.
3.
Education for All Handicapped Children Act of1975, 20 U.S.C. §1400 et seq.
4.
Goldberg, S., & Kuriloff, P. (1987). The downside of due process: Parents and school officials evaluate the fairness of special education hearings. Unpublished manuscript.
5.
Goldberg, S., & Kuriloff, P. (1991). Evaluating the fairness of special education hearings . Exceptional Children, 57(6), 6-24.
6.
IDEA Amendments of 1997, 20 U.S.C. §1415.
7.
8.
McGinley, K., & Turnbull, H. (1987). Evaluating the effectiveness of mediation as an alternative to the due process theory in special education (Final Report) . Lawrence: University of Kansas , Department of Special Education.
9.
National Institute for Dispute Resolution Community Justice Task Force. (1991). Community dispute resolution manual: Insights and guidance from two decades of practices. Washington, DC: National Institute for Dispute Resolution .
10.
Schrag, J. (1996). Mediation and other alternative dispute resolution procedures in special education (Final Report). Alexandria, VA: National Association of State Directors of Special Education.
11.
Symington, G. (1995). Mediation as an option in special education. Alexandria, VA: Project FORUM, National Association of State Directors of Special Education.
12.
Vitello, S. (1990). The efficacy of mediation in the resolution of parent-school special education disputes. Report from Rutgers: A working paper series. New Brunswick, NJ: Rutgers State University.
13.
Whelan, R. (1995). Mediation in special education. Kansas City: University of Kansas Medical Center, Department of Special Education.
14.
Zirkel, P. (1994). Over-due process revisions for the Individuals with Disabilities Education Act. MontanaLaw Review, 42,236-251.
