Abstract
Stimulated by reading Susan Silbey's compelling (1994) profile of Patrick Davis, who mediates special education disputes in Massachusetts, the author discusses the dimensions of these disputes and what it is that parents hope to gain by participating in the process. Recent research suggests that procedural justice is important to them: having the opportunity to voice their concerns, having those concerns acknowledged, and being treated with dignity and respect. These aspects of the process often contribute to personal and emotional goals as well. But parents are also clearly seeking a substantively fair and just result. Substantive justice may sometimes be overlooked as programs develop evaluative tools and other measures to assure quality in mediation. The author also traces the legal history of special education law and points to her research and personal experience as Director of Pennsylvania's special education mediation system in reflecting on mediation's potential in this area. She concludes by observing that skilled mediation is people‐centered and has the potential to improve the relationship between the parties; it also can routinely attend to rights‐based concerns.
