This book employs a comparative approach to explore the nature of the disputes that arise between parents/children and education decision-makers over children''s special educational needs and to consider the different methods adopted for the resolution of these disputes. In doing so it seeks to analyse the evidence with reference to a theoretical framework concerning: the nature of disputes, in particular those between citizen and state; the role of alternative dispute resolution mechanisms such as mediation and negotiation; and the rights of parents and children.
With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens'' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally
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