Alternative Dispute Resolution: a Path to Relationship and Trust Building

Alternative Dispute Resolution (ADR) is a versatile and informal method for resolving disputes and restoring trust through effective communication. ADR employs a range of specialized techniques aimed at fostering comprehension, facilitating transparent dialogue, and achieving mutually satisfactory resolutions to conflicts. This process addresses the needs and desires of all parties involved, ultimately resulting in an agreeable outcome. Unlike conventional approaches that involve a third party, such as a judge or hearing officer, ADR empowers those involved to collaboratively shape the resolution, emphasizing relationship preservation and enhancement.

In the field of special education, areas of disagreement sometimes involve implementation of the individualized education program (IEP), assessments and timelines, the content of the IEP, and the appropriateness of special education programs and/or services. It is the intent of the Individuals with Disabilities Education Act (IDEA) that the IEP process be a non-adversarial one, and SELPA staff is there to support families and school and district staff in coming to agreement and moving forward.

The Trinity County SELPA is deeply committed to helping families and schools solve problems and conflicts in the fastest and easiest way, reducing legal costs for both parents and school districts, as well as preserving those important relationships between school and home. ADR provides an opportunity for individuals to resolve disagreements in a safe, efficient way. It is important to note that ADR is completely voluntary, meaning that all members involved must be willing participants who are prepared and open to finding common ground in the effort to move through the conflict.

Another key component to the ADR process is confidentiality. With the exception of trainings, where parents and school staff are often learning together, all ADR services are confidential unless all participants in the ADR meeting agree otherwise. The mediator or facilitator will disclose neither the names of the participants nor content of an ADR session to any outside source unless otherwise agreed. Employees utilizing ADR services to resolve a conflict have assurance that information raised in an ADR meeting will not be used against them at a future date. Similarly, if families and districts have an unsuccessful ADR meeting (resulting in a state level proceeding), none of the contents in an ADR session are used as evidence in a subsequent due process hearing. 

Generally, when disagreements are not resolved at a local level, the SELPA assists districts and families in working through disagreements related to the IEP process. This includes communication with both parent and school about the process thus far, areas of conflict, and what might be a proposed solution. Those communications are typically brought forth in the IEP meeting where SELPA staff help to facilitate the conversation. SELPA staff who facilitate ADR are trained annually through attendance at trainings and conferences.  Occasionally, an outside ADR specialist will be contracted to support the process depending on the circumstances. 

ADR services can include Training (for both parents and staff), Resolution Sessions, Pre-filing Meetings, Facilitated IEP Meetings, and Coaching.