Alternative Dispute Resolution
What to do when the IEP Team does not agree...
What is ADR?
Alternative Dispute Resolution (ADR) is a process for resolving conflicts or disagreements that may arise during the IEP process. By using communication, collaboration, negotiation, and/or mediation, all IEP team members can express their concerns and find creative and mutually agreeable outcomes.
Why use ADR?
ADR is designed for families and school districts who want to work together to preserve their relationship for the benefit of the student.
Components of Alternative Dispute Resolution
- Confidential – All information shared through the ADR process remains confidential unless all parties agree otherwise.
- No Cost – ADR is provided at no cost to families.
- Results Oriented – The ADR process is focused on the student with the goal of finding a mutually agreeable solution.
- Legal Protections – Parties choosing to engage in any ADR process do not give up their rights to Due Process.
Components of Alternative Dispute Resolution
Level I: Prevention Stage-
The foundation of the ADR process is to avoid conflict at the family and district levels. Through training, staff and parents learn communication skills and how to conduct productive meetings, which can prevent conflict from arising.
- Staff Development: SELPA offers Facilitated IEP and Conflict Resolution training throughout the school year.
- Parent Training/Workshops: Various opportunities are available to families for team and relationship-building. Parents are offered Facilitated IEP stakeholder training and conflict resolution training.
- Conferencing: The SELPA Staff is available to conference with parents or district staff to intervene early, offer suggestions, and resolve concerns.
- Facilitated IEP Meetings: A Facilitated IEP Meeting enables the IEP team to build relationships, focus on the student and the contents of the IEP, honor time limits and the IEP process, and work towards a resolution.
Level II: Disagreement Stage-
When an IEP team disagrees, ADR interventions can head off further conflict or damage to relationships.
- Facilitated IEP Meetings: A Facilitated IEP Meeting enables the IEP team to build relationships, focus on the student and the contents of the IEP, honor time limits and the IEP process, and work towards a resolution.
- Conflict Coaching: Staff is available to meet with teams or parents to coach helpful resolution strategies, effective communication techniques, and options for resolving conflict.
Level III: Conflict Stage-
When the IEP team is “stuck,” or you find you and other team members keep having the same conversations, more intensive interventions are available.
- Informal Resolution Meeting: A problem-solving method that brings disputing parties together to reach a student-centered agreement with the guidance of a trained, impartial mediator. The session allows both parties to listen and express their point of view.
Level IV: Due Process-
This level of intervention is a final attempt to resolve the conflict.
- Mediation: A way of settling a disagreement through facilitated discussion. The mediator will help the parties find a solution acceptable to all. Formal mediation follows a Due Process filing.
- Due Process: Both parents and school districts have the right to request an impartial due process hearing regarding the identification, evaluation, educational placement, or the provision of a free, appropriate public education for a student. ADR is in place to alleviate this option and to encourage parents and districts to come to an agreement before the issues escalate to this level.