Mediation

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Mediation
Connecting Research to Practice for Teacher
Educators
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Personnel

• DeAnn Lechtenberger Principle Investigator
• Nora Griffin-Shirley Project Coordinator
• Doug Hamman Project Evaluator
• Tonya HettlerGrant Manager
• Financial Support for Project IDEAL is provided
  by the Texas Council for Developmental
  Disabilities, with Federal funds made available
  by the United States Department of Health and
  Human Services, Administration on Developmental
  Disabilities. 599,247 (74) DD funds 218,725
  (26) non-federal resources.
• The views contained herein do not necessarily
  reflect the position or policy of the funding
  agencys. No official endorsement should be
  inferred.

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What is mediation?

• A problem-solving intervention
• For developing solutions
• Useful in almost any dispute or conflict
• Can be used anywhere
• Includes a neutral third party

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ADR

• Alternative Dispute Resolution (ADR)
• ADR is a continuum of methods to resolve disputes
• Mediation is an option available and is one of
  the broad ADR options

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Mediation and Education

• Mediation is one method for encouraging school
  districts and parents to resolve special
  education disputes.
• The goal is to reach a conclusion that both
  parties find acceptable. (Marchese, 2001)
• One goal is to reach a resolution without
  continuing to a due process hearing or civil
  proceeding (Senate Report, 1997).
• IDEA 2004 encourages the use of mediation for
  resolving complaints.

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Mediation Timing

• Mediation may occur any time.
• When a dispute resolution occurs through due
  process or civil proceedings, the court system is
  involved.
• Remember, the wheels of justice move slowly.

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Binding?

• If the agreement between the two parties is
  reached, the agreement is binding.
• Consequently, due process is not available
  following an accepted mediation agreement on the
  same set of facts.

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One Mediation Process

• Developed by Moore (1986)
• Introductory statements
• Each participants initial presentation
• Opportunity to meet in a two-way meeting with
  both participants and mediator
• Opportunity for participants to meet individually
  with mediator
• The goal of the meetings is to define and clarify
  the problem and issues

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One Mediation Process (contd)

• Generate solution options
• If agreement is accepted by both participants,
  agreement terms are clarified
• Duties for each party assigned
• If no agreement is accepted, future
  problem-solving methods are discussed

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TEA Mediation

• Texas Education Agency (TEA) provides mediation
  at no cost to either district or parent
• Voluntary
• Informal
• Goal reach agreement regarding a specific
  students special education program

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Role of Mediator

• Remains neutral and impartial
• Creates a safe environment for open interaction
• Assists parties to reach their own resolution
• Is trained in mediation
• Knowledgeable about special education
• Identifies points of agreement
• Clarifies options
• Mediator does not offer legal advice or propose a
  solution that favors either party.

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TEA website

• http//ritter.tea.state.tx.us/special.ed/medcom/me
  dinfo.html

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Role of Educator

• Prior to mediation
• Establish a positive relationship with parent
• Address special education concerns through
  regular contact
• Maintain open communication with parent
• Maintain documentation of efforts to provide a
  beneficial program for the student
• Try to understand the underlying concern, not
  just the obvious concerns

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TEA Suggestions

• Prior to mediation
• Identify issues for discussion
• Inform mediator of individuals invited to session
• Focus on student needs and potential reasonable
  solutions
• Clear schedule of time constraints
• Ask the mediator about the specific structure for
  the mediation session

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Attorney

• In a TEA mediation session, an attorney may be
  present.
• The party inviting the attorney will be
  responsible to pay the attorney fees.

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Advantages of Mediation

• A neutral third party may help the participants
  reach an agreeable settlement.
• Mediation may be an opportunity for the parties
  to sit down together to resolve their differences.

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Contact Information

• DeAnn Lechtenberger, Ph.D.
• Principle Investigator
• deann.lechtenberger_at_ttu.edu
• Tonya Hettler, Grant Manager
• tonya.hettler_at_ttu.edu
• Webpage www.projectidealonline.org
• Phone [phone], ext. 302
• The views contained herein do not necessarily
  reflect the position or policy of the funding
  agencys. No official endorsement should be
  inferred.