Technical Assistance for Part B, Indicator 19

These questions are intended to help States begin an examination of problems in relation to the provision of mediation services. While the questions focus on mediation, lasting solutions and the capacity of families and schools to reach effective agreements and to deal with conflict early requires a broader framework. CADRE’S approach to technical assistance and improvement is systemic – focusing on all dispute resolution areas and emphasizing early resolution and conflict management processes.

System Oversight and Management

• What does the State do to support implementation of the mediation process (regulation, guidance, education, resources, training)?
• How is mediation linked to other dispute resolution (DR) options in the State?
• Who oversees/manages the use, relationship to other dispute resolution options, and legal compliance for mediation? How?
• How are mediation agreements and their implementation related, if at all, to the State’s general supervision process (issues tracked, monitoring of agreement implementation, complainable through the State’s written complaints process, etc.)?  

Mediation Process

• What does the State do in the way of education and outreach for its mediation services (print materials, web dissemination, training, etc.)?
• From whom do parents and LEAs learn about the mediation process and associated requirements (from the SEA, the PTI, hearing officer, mediation provider, LEA, other)?
• How does a parent or school request mediation (via other DR options, on-line forms, through the local school district, SEA intake specialist, etc.)?
• Do mediations related to due process and those not related have different procedures for intake, conduct, timelines, monitoring, agreement review, etc.?
• Who manages pre-mediation communication (SEA, the mediator, a case manager)?  How (e.g., form letters, telephone, email)?
• Is there any follow up when a party declines to mediate to determine the reason(s)?
• What pre-mediation forms may the participants be required to sign (Agreement to Mediate, Confidentiality)?
• What is the State’s policy toward the involvement of attorneys and advocates?
• What is the State’s process, if any, for collecting and reviewing mediation agreements?
• What role does the State play in encouraging appropriately constructed mediation agreements?
• How are the mediation process and mediation agreements integrated into the IEP process?
• Does the State get involved with monitoring implementation of mediation agreements? If so, how (initially, long-term, appealable through the State’s written complaints process)?
• What mechanisms for resolving the matter are in place if agreement is not reached in mediation?

Mediators and Support

• Who conducts mediations (e.g., SEA staff, contracted personnel, contracted organization)?
• What are the standards and qualifications to serve as a mediator in the State (e.g., training, education, experience, certification, required mediation approach)?
• How many mediations are conducted per mediator per year?
• How are mediators selected or appointed to conduct mediations?
• What training/technical assistance support is available to mediators? What administrative support?
• What mechanisms are in place to support mediators in working through complex issues that could potentially delay reaching an agreement?
• What are the standards for mediator performance evaluation (e.g., rate of agreements, quality of agreements, legal sufficiency, durability of ageements, participant satisfaction)?
• How frequently and by what method is mediator performance evaluated (document review, participant surveys, observation)?

Data Management and Evaluation

• How does the State compare to other states in mediation activity (e.g., numbers of mediations requested, mediations held, agreements signed)?
  Note: comparative data for your State are available at: www.directionservice.org/cadre/aprsppb.cfm
• What types of issues are addressed/most prevalent in mediation?
• Does the State collect data on mediation beyond what is required for the APR (e.g., length of mediation sessions, outcome, satisfaction, durability of agreement, student/family characteristics)?
• How often does the State review the data on Process? Outcomes? Satisfaction? Durability?

Original Word Document

• Instructions for completing Table 7.
• The Center for Appropriate Dispute Resolution in Special Education (CADRE) works to increase the nation’s capacity to effectively resolve special education disputes, reducing the use of expensive adversarial processes. CADRE works with state and local education and early intervention systems, parent centers, families and educators to improve programs and results for children with disabilities. To learn more about CADRE and to access technical assistance and products visit this site.
• The Dispute Resolution System Integration and Performance Enhancement (DR SIPE) tool developed by CADRE is designed to assist states wishing to improve their dispute resolution system using a systematic, data guided process for managing and improving dispute resolution programs and practices. 
• Table 7 Error Checker (Part B) to support States’ efforts in reporting accurate dispute resolution data. CADRE Resources  Update will be posted as soon as it is available.

Explore resources described in the document, “At a Glance OSEP Technical Resources for State Improvement”

• This document provides information about resources that can assist states in improving their performance on the SPP dispute resolution indicators. The document describes technical assistance products and services available and how to contact technical assistance providers with expertise in IDEA dispute resolution processes.

Find examples of State practices for mediations

• The RRFC Network provides a forum for States to share information about the IDEA dispute resolution processes. The RRFC Network website includes documents submitted by States including model forms, guidelines, manuals, and procedures. 

• Center for Appropriate Dispute Resolution in Special Education
• Regional Resource Center Program
  

 

Perspectives of Participants in Special Education Mediation: A Qualitative Inquiry. CADRE undertook a qualitative inquiry of special education mediations in two states. In this exploratory research, CADRE's goal was to gain access to, examine, and compare the perspectives of parents, school personnel and mediators on several dimensions of the mediation experience.

Families and Schools: Resolving Disputes through Mediation ~ Through the presentation of real life stories, this publication provides the reader with a better understanding of the mediation process and its inherent flexibility.

Frequently Asked Questions (FAQs) on Mediation ~ This publication has been developed to respond to the host of questions that many parents, teachers, administrators, and others have about mediation.

Special Education Mediation: A Guide for Parents ~ This booklet, which is particularly aimed at parents and family members, provides an overview of the mediation process, how it works, benefits of mediation, and includes information on how to prepare to participate.

The Involvement of Students in Their Special Education Mediations ~ This paper explores benefits, challenges and strategies related to the involvement of students in the special education mediation process.

The Role of Attorneys in Special Education Mediation ~ This paper examines the role of attorneys and to a lesser extent, advocates in special education mediation, and includes practical recommendations that attempt to satisfy interests and concerns related to attorney participation.

Considering Mediation for Special Education Disputes: A School Administrator's Perspective ~ This paper describes the advantages and disadvantages of mediation from an administrator's perspective in order to help make an informed decision about whether it is in the best interest of the school district, and ultimately the students they serve, to participate.

Keys to Access ~ This document provides specific strategies for increasing the participation of families from diverse backgrounds.

Using Participant Feedback to Evaluate and Improve Quality in Mediation ~ This resource guide presents an overview of mediation evaluation with a specific focus on how to make use of participant questionnaires in evaluating mediation programs.

Steps to Success: Communicating with Your Child's School (pdf) ~ This publication offers specific communication skills that may be helpful to parents as they develop and maintain partnerships with their child's school.

NICHCY Module 18 ~ Procedural Safeguards: Options for Dispute Resolution ~ This NICHCY resource provides information and training materials related to IDEA and its Part B regulations on the theme Procedural Safeguards: Options for Dispute Resolution, including mediation.