Dr. Susan Etscheidt will begin our presentation by introducing the dispute resolution options offered in the state of Iowa. In addition to highlighting the conflict resolution continuum for special education related disputes, Dr. Etscheidt will share the state's impressive statistics for pre-appeals, hearing, and mediations. She will then highlight the issues of the last ten hearings and the implications for these hearings in relevant case law.
Amber Benedict will share her master's thesis research findings on Iowa's state special education mediators exploring their perceptions on power and philosophy within the context of mediation. The philosophies of mediators are intricately woven with complex idiosyncrasies and pre-existing belief systems about mediation. The results of this study suggest that mediator understanding about philosophy is constructed of two parts, conceptual framework and role. A conceptual framework supports their beliefs in the system of mediation as well as its power to be future focused and collaborative. In addition, mediator understanding takes into consideration tacit procedural expectations about their role within mediation. The mediators interviewed in this study also report a sense of identification with the process of mediation and their obligation to impartiality. Although the mediators acknowledged that certain types of power have been exercised at mediations they have mediated, they were hesitant to embrace explicit categorization of French and Raven's power, because they did not perceive power as stagnant. S. McFly and Sidney identified with power in a more liquid way, in constant transfiguration, warned: "to make no assumptions about power." Despite the mediators' cautiousness when referring to precise definitions of power as defined by Raven, Schwarswald, and Koslowsky (1998) several emergent themes surfaced as the mediators reported their perceptions. The first emergent theme that surfaced recognized the interviewed mediators desire for acknowledgement and validation for their expertise. A second theme surfaced reported by the mediators as the power in remembering the child. This power has been interpreted as Rave, Schwarswald, and Koslowsky's (1998) classification of legitimate power.
In reaction to what she has learned about Iowa mediator perceptions of power and philosophy Ms. Benedict will share relevant research supporting an addition to the continuum of dispute resolution options she proposes. This addition includes fast track mediation, or settlement counseling which will allow reciprocity of expertise between attorneys and special education mediators.
