August 27, 2012
Published in the International Review of Sociology in 2008, Jan Marie Fritz?s article ?Improving special education mediation? is designed to examine and discuss the background of special education mediation as well as provide evidence that mediation can be a very effective way of approaching special education issues between parents and other stakeholders. The fact that Fritz is herself an experienced special education mediator of course lends both valuable experience to the discussion as well as a bias towards the method as being effective. She is up front about her role that helps to provide reassurance that she is not attempting to surreptitiously promote a particular agenda.
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She begins the article with a discussion of the definition of ?special education? in the context of the United States as well as in other countries such as Malaysia and Russia in which she points out that general statements about special education are only effective within the boundaries of one nation. It is sometimes referred to as ?special education? outside of the US but it has very different implications depending on the educational culture of that particular country. She notes that mediation can be seen as effective within the US where parents often understand that they have some rights and expectations about the education that is provided for their child with special needs though this may not be the case in other nations.
Fritz points out that while mediation can be effective in the United States, there are still issues that one must be aware of before proceeding with mediation including an understanding of the Individuals with Disabilities Education Act (IDEA) and how it is affected by or related to other laws such as No Child Left Behind. She uses a hypothetical case as an example and then points out several ?ideas for consideration.? They include the simple fact that mediation can work, that it can be made less difficult by carefully selecting the participants, that it is not free from influence by outside factors and that training and creativity in the process are vital.
Fritz finishes by suggesting that the United States and the rest of the world are still only at the beginning of the process of understanding how to meet the needs of all children and that difficulties with concepts like inclusion and how to provide a ?free and fair? education will continue to arise. When they do, she simply notes that mediation can be part of the solution in some of these cases, especially if it is managed and prepared appropriately. The article is generally effective in making this case and describing both some of the positives as well as possible pitfalls in the process.
In gaining a better understanding of mediation, it is helpful for me to consider the possibilities that it may have in my own work with children with special needs. As Fritz herself points out, the awareness of and training for mediation are invaluable when it comes to searching for all possible solutions to an issue involving a child with particular needs and the entities responsible for providing the services to meet those needs. Her description of both the process of mediation and the provision of a hypothetical example provide a valuable insight into the process of mediation within the United States in particular.
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