The originators of special education law anticipated disputes and provided due process hearings as a means to settle the disputes. However, due process proved to be unfair, costly (financially and emotionally), and destructive to school-family relationships. Years later, lawmakers offered mandated mediation along with resolution meetings in…

The article reviews the background and implications of adjudication hearings of a case in which a gifted specialist was retained while a senior teacher without special training was laid off. (CL)

Fact finding, mediation, and arbitration are three methods of resolving impasses in collective bargaining. All three methods imvolve the inclusion of a third party in the bargaining process. The mediator suggests avenues along which agreement may be sought, but has no power to compel acceptance of his suggestions. Fact finders have greater power…

Basic characteristics and factors in conflict and conflict management in the context of institutions of higher education are examined, particularly as they interact in the context of a higher education institution. Drawing on the literature, trends in conflict management approaches, reasons for conflict, and results of conflict are identified.…

Addresses issue of viability of the American Library Association (ALA) as a quasi-union. Discussion covers concerns raised over whether ALA should become collective bargaining agent for librarians, experiences of three professional organizations that became quasi-unions, and impact of ALA's decision not to accept role on its professional stature.…

This article describes a literature search process employed to identify research in Appropriate Dispute Resolution (ADR) and special education, organizes some initial search results, briefly summarizes them, and raises important questions for the purpose of generating a future research agenda. The authors hope that this examination of literature…

Reviews the empirical research on divorce mediation with regard to: (1) the overall effectiveness of mediation, especially compared to the traditional use of lawyers; (2) the kinds of divorce conflicts in which mediation has been found most effective; and (3) mediator behaviors most often correlated with success. The existing studies are solely of…

This chapter discusses litigation touching on collective bargaining issues. The chapter is organized to follow the collective bargaining process, from cases dealing with union organizing to cases involving arbitration. Issues covered also include determination of bargaining units, scope of bargaining, union security, and unfair labor practices in…

Chapter 8 in a book on school law explains some of the basic concepts of arbitration, such as how to present a grievance in an arbitration hearing, with special emphasis on particular problems that may arise in education. The chapter points out some common issues advocates of arbitration in the educational setting will confront; general arbitral…

The use of mediation to resolve conflicts in educational settings is examined especially in relation to handicapped students. Four sample case studies illustrating the informal and formal use of the technique are detailed. Tables illustrate trends in due process administrative decisions in Georgia and mediator training requirements and…

This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…

While the research on managerial third party intervention recommends that managers use a mode of intervention that allows disputants to maintain control of decisions, or mediation, it simultaneously concludes that these models are difficult for managers to follow within the restrictions of their managerial role. The paper argues that the research…

The nature of education collective bargaining laws has not changed significantly since the movement reached a peak in the late 1960's. The District of Columbia and 31 states have laws providing bargaining rights to elementary-secondary teachers; 24 states provide bargaining rights to postsecondary faculty; 9 states permit teacher organizations to…

Social values, educational philosophy, politics, and decision-making are examined in a case study of political influence involving the National Diffusion Network (funded by the Department of Education), which supports the dissemination of exemplary curriculum programs meeting high priority needs. In 1982, 87 directors of ongoing programs were…

Arbitration cases involving journalism ethics can be grouped into three major categories: outside activities that lead to conflicts of interest, acceptance of gifts that compromise journalistic objectivity, and writing false or misleading information or failing to check facts or correct errors. In most instances, failure to adhere to ethical…