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DINF Web Posted on December 15, 1997


Individuals with Disabilities Education Act Amendments of 1995

Evidence That Mediation Works

  • A substantial number of states have developed successful mediation systems to resolve family-school disputes quickly and effectively. Parents and school districts that engage in mediation report that mediation not only helped them to clarify and resolve their particular disagreements, but that mediation also helped them to work together better and to avoid future conflicts (Ahearn, E. M., 1994).

  • California, for example, had 993 requests for mediation from 1991-1992. Only 14 percent of these cases went on to hearings. Massachusetts reports similar results as well. In 1992, only 15 percent of mediations went to hearings (Center for Dispute Resolution at McGeorge School of Law's Special Education Hearing Office: A Mediation Success Story. Undated. Sacramento, CA).

  • California estimates that the cost of successful mediation is only 13 percent of the cost of the due process system; and based on the first two years of its mediation process, the Texas education agency estimated that the use of mediation in special education saved $5 million (Ahearn, E. M., 1994).

  • When the Justice Center of Atlanta, nationally known for its expertise in mediation, studied the special education mediation program in Georgia, it asked parents and schools who had participated in mediation whether they would recommend mediation to others. Ninety percent of the parents and 99 percent of the schools said "yes" (Justice Center of Atlanta, Inc., Special Education Questionnaire, January, 1985 to June 1993. Special Education Questionnaire, January, 1985 to June 1993. Report from the Justice Center of Atlanta, Inc., to the Division for Exceptional Students, Georgia Department of Education. June 23, 1993. Atlanta, GA).

  • A 1985 Massachusetts study found that parents participated more in mediation than was the case in due process hearings (Budoff, M. and Orenstein, A., 1985).


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