This one-of-a-kind, comprehensive resource provides information about the dispute resolution system, including: how to resolve conflicts through collaboration to avoid the dispute resolution process; how to prepare for state complaint investigations, mediations, and due process hearings; what is involved and what is expected in each; and what happens at the conclusion of the complaint investigation, mediation, or due process hearing, including how school staff can continue to work productively with parents. Using this book, readers will understand how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel in order to better serve students with disabilities.
"Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--
The No Child Left Behind Act is confusing to parents, educators, administrators, advocates, and most attorneys. This book provides a clear roadmap to the law and how to get better educational services for all children. Includes CD ROM of resources and references.
Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities Education Act (IDEA) provides for several distinct dispute resolution processes including mediation, filing of a due process complaint, which may lead to a resolution meeting and/or an impartial due process hearing, and civil action [P.L. 108-446 Section 615(e)(i)]. Some states and localities voluntarily choose to adopt alternative mechanisms for resolving disagreements over the provision of special education services. This In-Depth Policy Analysis summarizes results from a national survey of states' use of non-IDEA required alternative dispute resolution (ADR) processes and findings of an in-depth case review of those processes in eight states. The ten processes studied are: (1) conflict resolution skills training; (2) stakeholder management or oversight council; (3) parent-to-parent assistance; (4) dispute resolution case managers; (5) telephone intermediary; (6) IEP facilitation; (7) non-IDEA mediation; (8) third-party opinion or consultation processes; (9) early complaint resolution; and (10) resolution-meeting facilitation. Each of these processes is defined and findings are described under each process. Factors that impact the use of these processes are examined and conclusions are drawn. (Contains 2 footnotes.).
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.
For every course in Special Education Law and Education Law, or as a perfect supplement to any Educational Administration course, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language- without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.
Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.
