 |
|
|
|
Home | Contact Us | Sign Up for Email Updates | Community Calendar | Inclusive Recreation Calendar |
Conflict Resolution and
Mediation
Overview
As advocates for their child with a disability, parents
sometimes disagree with the school about how best to meet the
educational support needs of their child. The parent may believe that
their child is not receiving the supports and services that are their right
under the concept of a free
appropriate public education. Sometimes the school district may
understand the needs and desires of the parents and student, but may disagree
about how best to meet those needs, or be unable to accommodate them. In
worst case scenarios, the school or district may be out of compliance with
public law, or the parent may have unrealistic expectations about what type of
educational services the law requires the school to deliver their child with a
disability. When
conflict arises between parents and the school serving their child with a
disability, relationships between family and the educational system can become
strained, and ultimately communication can break down altogether. Working
together as part of a team to serve a child with a disability is challenging to
begin with, but becomes much more challenging when disagreement grows into
full-blown conflict between families and school personnel. Ultimately
it is in the best interest of the child with a disability for those who love
them, support them, and provide services to them are communicating in a way that
facilitates providing the best educational services and supports
available. There are a number of processes to address "communication
breakdown", as well as to prevent it from happening to begin with. Avoiding
Litigation
The Individuals with Disabilities Education Act (IDEA) as well as the Americans With Disabilities Act and other state and federal legislation provides a number of protections for students with disabilities and their families, as well as establishing requirements for public service agencies, such as the public schools. These laws provide the foundation for upholding the rights of students with disabilities and their families. However, many public entities are still struggling to both understand and implement both the short and long-term changes required with regard to how they support students with disabilities in a manner that meets the needs of the student and the family in a way that is compliant with the regulations, and consistent with the resources of the public agency. At the same time, more and more students with disabilities and their families are becoming more and more aware of their rights under civil rights legislation impacting services to people with disabilities.
With the passage of IDEA, the ADA and other laws, parent advocate groups and individual families have grown more aware of their rights and the rights of their children. As schools have struggled to comply with this legislation and changing trends in how people with disabilities are treated in society and the educational system, there has been and increase in court actions between parents and students with disabilities, and schools.
While in some cases, litigation can result in ground-breaking and far-reaching positive consequences not only for an individual student, but for other students with disabilities, such cases are extremely rare. Even in such rare cases, the fight to force a school district into compliance through litigation can be a long, expensive, and emotionally draining experience. This is not to say that a family with a substantial disagreement with a school or district should not seek legal counsel if they think their case warrants it, but to point out that doing so may not always have the intended result, and that alternative solutions are usually available.
Conflict Resolution
There are a wide variety of options to solve disputes, ranging from informal discussions to formal legal action. The goals in any such process are the same:
- Everyone involved in the process is focused on the problem, and committed to coming to agreement;
- Everyone involved has an opportunity to present their point of view and be "heard" ;
- All parties have an opportunity to identify areas of agreement (as well as disagreement), and to work toward a mutually acceptable solution.
Given the time, resources, and potential for undesired outcomes involved in litigation, it benefits everyone to arrive at agreement prior to "taking things to the next level". Resolving conflicts through less rigid processes may also help strengthen and maintain important positive relationships and communication between people that can be vital to providing quality supports to the student with a disability.
Mediation
If agreement between the school and the family can't be reached, either party can request mediation.
Mediation is a form of dispute resolution in which a trained, impartial mediator assists disputing parties in a collaborative problem-solving process. Mediators help parents and school personnel resolve conflicts, clarify issues, and develop mutually acceptable agreements to best meet the educational program of the student. A mediation session is more structured than a parent' school conference but less formal than a due process hearing.
Mediation in special education can:
- Resolve disagreements concerning identification, evaluation, or education placement of a student. Provide participants with uninterrupted opportunities to present their point of view. Encourage mutual problem-solving efforts. Promote positive working relationships between parents and school personnel.
- Help parents and school personnel focus on what they have in common -- the student's needs -- rather than on issues that divide them.
During the mediation, the mediator provides both parties the opportunity to present their view of the conflict. The mediator does not make decisions or settle the dispute. The mediator helps the parties develop solutions which they believe are best for the student. The agreements reached by the parties are documented in writing and signed by all parties. A signed, original settlement agreement is retained by each party, with one copy on file with Sound Options Mediation. Access to the mediation agreement files is restricted to the disputants to the mediation.
At the conclusion of the mediation, the parties are encouraged to convene an IEP meeting to incorporate the mediation agreement into the IEP.
If it becomes evident that an agreement cannot be reached, the mediator terminates the session. Mediation is a confidential process. At the conclusion of the mediation, all mediator notes are destroyed. Mediators will not willingly testify in any future legal proceedings regarding the dispute.
Requesting
Mediation Sound Options Mediation and Training Group,
L.L.C.
Mediation services may be requested by either a parent/legal guardian/education
surrogate parent or school district personnel by calling the program
administrator:
PO BOX 11457
Bainbridge Island, WA 98110-5457
Phone (Seattle area): (206) 842-2298
Toll-free (Washington state): (800) 692-2540
Fax: (206) 780-5776
Web: http://www.somtg.com/
Mediation is voluntary, which means that everyone must agree to participate
before mediation can happen. If both parties
are willing, the mediation will be scheduled at a mutually convenient date,
time, and location. Written confirmation will be provided, and a mediator will
be assigned to the case.
Role of the Mediator
During the mediation, the mediator provides both parties the
opportunity to present their view of the conflict. The mediator does not make
decisions or settle the dispute. The mediator helps the parties identify their
issues, restore communication, discuss their interests, and helps to develop
solutions which they believe are best for the student. The mediation
process is confidential, which means that the mediator will not
disclose what happens in mediation to anyone, or willingly testify on anyone's
behalf should the problem not settle in mediation.
Preparing for Mediation
The success of the mediation process
relies on all participants putting forth a good faith effort to resolve areas of
disagreement. Recognizing this is a vital step in the mediation process,
even before it has formally begun. It must be understood that agreements
that last are arrived at through a process of give-and-take of ideas and
solutions. Some other issues that can help in the mediation process:
Options Other Than Mediation Prior to requesting mediation, or going into
mediation if requested by the other party, it may help to get some information
and support from people who have "been there", or can offer support
and resources. A number of parent groups and nonprofit organizations such
as Washington PAVE (Parents Are Vital
in Education) and Parent to
Parent may be able to provide assistance, information, or peer support for
your situation. For contact information for organizations in Washington
State and King County, see Education
> Organizations in this resource guide. Frequently Asked
Questions About Conflict Resolution and Mediation
Other Information Resources
-
Consortium for Appropriate Dispute Resolution in Special Education (CADRE)
http://www.directionservice.org/cadre/ -
Sound Options Group, LLC
http://www.somtg.com/ -
Mediation in Special Education in Washington State: Parents and School Systems Working Together
http://www.newhorizons.org/spneeds/inclusion/law/ospi.htm
EDUCATION: About | Organizations | Publications | On-line Resources
|
Can't find the answer to your question here? |
|
To request the addition/correction of a resource listing, to have your
event included in the Community Calendar or Recreation calendar, or for
other questions: |
| Listings in Community Connections and events on the Community Calendar come from a variety of host organizations and individuals. For information about events, please contact the event sponsor. The distribution of information via Community Connections does not imply sponsorship or endorsement of any specific organization or event by The Arc of King County, the King County Developmental Disabilities Division, or affiliated entities. |
This page last updated:
Sunday, November 25, 2007