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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
In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.
This book is designed to support Teaching Assistants in the important and unique role they play in the education of children. This new edition includes a range of additional material and reflects developments in the recent UK context and legislation that relates to participation and diversity. It raises issues concerning values and professional practice for Teaching Assistants, emphasising inclusive approaches and the importance of understanding the perspectives of learners throughout. Each chapter contains an overview of topical debates, current research, a discussion of issues relating to values and professional practice. Every chapter raises questions and suggests reading for further reflection. This highly accessible resource includes contributions from leading researchers and experienced education practitioners. It introduces a range of issues, with a focus on inclusion and the key role of teaching assistants, such as: understanding inclusive education: school communities and participation Special educational needs and inclusive practice supporting Gypsy, Roma and Traveller (GRT) children ethnic diversity and attainment the influence of gender on the achievement of boys and girls working with teachers and parents religious diversity and inclusive practice including and supporting Lesbian, Gay, Bi-sexual, Transsexual (LGBT) students welcoming and understanding asylum seeking and refugee students disability, human rights and inclusion. This book will enable Teaching Assistants to develop a deeper understanding of the fundamental principles of inclusive education. It provides an essential resource for Teaching Assistants and all those working in Education.
Education is fundamentally concerned with realising the potential of every child, but an increasing social diversity presents enormous challenges for the state in terms of its commitment to providing an appropriate education for all. Factors such as ethnicity, disability and material deprivation are associated with inequality, social exclusion and the risk of low educational attainment. Diversity also reflects divergent cultural values and norms. In responding to the challenges posed by diversity, public education authorities are to some extent constrained by individual or group rights. This book examines the nature of these rights, including those under the European Convention on Human Rights, and the ways and contexts in which they operate. Their social effects are also considered. Areas discussed include the curriculum, special educational needs and choice of school. A key theme in the book is the promotion and enforcement of equal access to education, including higher education. Issues of multiculturalism, the social integration of minorities, religion in education and the recognition of children's independent rights are among those that are also discussed. The book centres on England and Wales and covers the evolving legislative framework, including the Education and Inspections Bill 2006, but relevant legal developments in other states are also highlighted.
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management