Pennsylvania offers a variety of alternative dispute resolution (ADR) options that have been conducted through virtual platforms since March 2020. For due process filings over the 2020-21 fiscal year (after the start of the pandemic), the parties reportedly reached an agreed resolution in over 85% of cases, a settlement figure that exceeds data for the 2018-19 and 2019-20 fiscal years. These figures indicate that the pandemic did not limit or restrict the willingness and ability of the parties to reach amicable resolution.
Hearing officers are in a unique position to listen carefully to the parties’ interests and, where practicable, foster and encourage consideration of potential resolution. Although IDEA timelines mandate prompt disposition of claims, Pennsylvania hearing officers have successfully employed a number of strategies that afford parties with an interest in exploring resolution the additional flexibility, time, and resources to do so even during a pandemic.
