CADRE/IDEA Partnerships ~ Creating Agreement ~ Collaborative Problem Solving in Special Education...

~ Creating Agreement ~

Collaborative Problem Solving in Special Education and

Early Intervention

s This Slide Presentation was Jointly Developed By:

The Consortium For Appropriate Dispute Resolution In Special Education (CADRE)

The IDEA Partnership Project (at NASDSE)

With funding from the US Department of Education, Office of Special Education Programs (OSEP)

s Development TeamThe following individuals & organizations participated

in the development of this presentation

American Occupational Therapy Association (AOTA) Carol Gryde

Consortium for Appropriate Dispute Resolution in Education (CADRE) Loni Elliott Philip Moses Marshall Peter John Reiman Richard Zeller

IDEA Partnership Joanne Cashman Terry Jackson

Fiesta Educativa Lorena Morales

s Development Team (cont.)The following individuals & organizations participated

in the development of this presentation

National Education Association (NEA) Judy Richards

New York Long Island Families Together (LIFT) Helene Fallon

School Social Work Association of America (SSWAA) Steve Button

Wisconsin Family Assistance Center for Education, Training & Supports (FACETS) Nelsinia Ramos

Wisconsin Special Education Mediation System Nissan Bar-Lev Jan Serak

“Seek first to understand, then to be

understood.”

Stephen Covey, “Habit 5” Seven Habits of Highly Effective People

sCADRE/IDEA Partnerships Dispute Resolution Workgroup

Vision Educational outcomes will be improved

when families, schools and service providers are working together effectively.

Provision of training and educational opportunities to a diverse group of stakeholders enhances the capacity to engage in collaborative problem solving that is responsive to individual students’ needs.

Workshop OutcomesParticipants will acquire an increased awareness of the breadth of issues and strategies associated with Special Education Dispute Prevention/ Resolution including: Gaining a better understanding of conflict and the ways

that people respond Gaining familiarity with the Procedural Safeguards

requirements in IDEA ’04 Learning about practices and strategies that comprise

the “Continuum” Understanding the power of listening in resolving

conflicts Gaining an awareness of interest based problem solving

strategies Understanding the important role of cultural issues in

relation to resolving disputes Becoming aware of useful resources for additional

information

Our Assumptions… Different cultures may have differing

perspectives on conflict and how it’s most appropriately approached

Conflict is a healthy reflection of a diverse and competitive society

Most parent/school relationships are positive and mutually respectful

Skills can be acquired that help facilitate productive relationships

Our Assumptions… Early opportunities exist to

collaboratively address differing viewpoints on how to best serve the child

Adversarial processes should be reserved for situations where other options have been exhausted

The cost of adversarial processes is high in personal, relationship and financial costs

Conflict

What does the word “conflict” bring to mind?

Conflict Expressed struggle Two or more people Interdependent Strong emotion Perceived blockage

NeedsValues

s The Five Conflict Handling Modes

Relationship Goals

Compromising

Controlling Collaborating

AccommodatingAvoiding

Source: Thomas Killmann

s Avoiding

• Unassertive and uncooperative

• Do not pursue your own concerns or those of other(s)

• Don’t address the conflict

• Sidestep, postpone, or withdraw from the issue for the present time

Relationship Goals

s Avoiding – When to Use

• When the potential danger or damage outweighs the benefits of resolution

• When more time is needed to collect information

• When emotions need to cool down

Relationship Goals

s Accommodating

• Focuses on relationship needs

• Sacrifice your own personal goals to satisfy the concerns of the other(s)

• Yield to another point of view

Relationship Goals

s Accommodating – When to Use

• To preserve harmony and avoid disruption

• To achieve temporary settlement

• To arrive at quick solutions under pressure

• When the relationship is the most important goal

Relationship Goals

s Controlling

• Power oriented

• Pursue own ends without agreement of others

• Achieving one’s personal goals paramount

• Results in win-lose or lose-winPe

Relationship Goals

s Controlling – When to Use

• In emergencies

• When unpopular actions must be implemented

• When your family or organization’s welfare is at stake

• When your authority and responsibility are unquestionable

Relationship Goals

s Compromising

• Objective to find expedient, mutually acceptable alternative

• Both parties give up something

• Exchanging concessions – splitting the difference

• Quick middle position

Relationship Goals

s Compromising – When to Use

• When two parties of equal power are strongly committed to mutually exclusive goals

• To achieve temporary settlements to complex issues

• To arrive at quick solutions under pressure

• When the goals of each party are of moderate importance and collaboration isn’t worth the time required

Relationship Goals

s Collaborating• Personal goals and relationship

goals are of equal importance/value• Seeks win-win outcomes using

advanced skills and strategies • Want to find a solution that fully

satisfies needs and concerns of both people

• Involves time commitment in identifying concerns of each person and finding alternatives that meet both sets of needs

Relationship Goals

s Collaborating – When to Use

• When both the issues at hand and the relationship are important

• When the parties are relatively equal in status and power – or the more equal or powerful party supports a win-win collaborative solution

• When the parties are inter-dependent upon one another to implement the solution

• When both sets of goals are too important to compromise

• You have enough time and are willing to take the time necessary

• When the quality of the decision is critical• To gain commitment and acceptance through

consensus

Relationship Goals

s The Five Conflict Handling Modes

Relationship Goals

Compromising

Controlling Collaborating

AccommodatingAvoiding

Source: Thomas Killmann

Costs of Conflict Financial costs Educational costs: bleeds energy away

from instruction, can interfere with needed consistency

Human costs: stress, burnout, marital discord

Relationships: hurts relationships among people who have to work together

Societal costs: parents, families, schools divided; bad press for special education; missed opportunities

s“Cost and Benefit”

Comparison of Dispute Resolution Approaches

Informal Negotiation

Resolution Session

IEP Facilitation

Mediation IDEA Complaint

Due Process

Private/Informal Private/Informal Private/Informal Private/Informal Public/Formal Public/Formal 2-3 days 15-30 days 12 Days 21 Days 60 Days 45 Days

$ ? $ ? $ ? $ ? $ ? $ ? Future Future Future Future Past Past

Voluntary Voluntary Voluntary Voluntary Involuntary Involuntary Win/Win Win/Win Win/Win Win/Win Win/Lose Win/Lose

Source: Wisconsin Special Education Mediation System

How much do you think each of these processes costs?

What do you include when you think about process costs?

IDEA ‘04

s Required Processes Under IDEA ‘04

Written State Complaint (assumed to be in regulations)

Mediation Resolution Sessions Due Process Hearings

s Resolution Sessions615(f)(1)(B)

Within 15 days of DPHR notice, LEA must convene a meeting with: Parents; Relevant IEP team members; and An agency representative with decision-making

authority. May not include an LEA attorney unless parent’s

attorney is present. Meeting is for discussing the facts and

resolution of DPHR issues. Parties may agree, in writing, to waive such

meeting or to use mediation in lieu of the resolution session.

sWritten Settlement

Agreement615(f)(1)(B)(iii-iv)

If resolution is reached to resolve the DPHR at a resolution session, the parties execute a legally binding agreement (written settlement agreement) that is: Signed by both the parents and a representative

of the agency; and Enforceable in any state court of competent

jurisdiction. If parties execute a written settlement

agreement, a party may void the agreement within three business days of the agreement’s execution.

Mediation Under IDEA ‘04Conducted by a mediator who is: Qualified Trained in effective mediation

techniques Knowledgeable in laws and regulations Impartial Not employee of LEA, SEA or state

agency that is providing direct service to the child

No personal or professional conflict of interest

Random selection or both parties agree

s Mediation Agreement615(e)(1), (2)(F)

Mediation is available to resolve any matter, even before requesting a due process hearing (DPH).

Mediation agreement must be in writing and signed by the parent and agency representative.

Agreement is legally binding and enforceable by any state court.

Mediation process is confidential and may NOT be used as evidence in subsequent legal action.

State System Design &

Performance

sDispute Resolution

Options

Least coercive

Most self-determination

Most coercive

Least self-determination

No No NeutralNeutral With a NeutralWith a Neutral

IEPIEPMeetingMeeting

IDEA IDEA ComplaintComplaint

Due Due ProcessProcess

ScheduledScheduledMeetingMeeting

Informal/Informal/formal formal

NegotiationNegotiation FacilitationFacilitation MediationMediation LitigationLitigation ArbitrationArbitration ExtremeExtreme

MediationMediationSessionSession

ResolutionResolutionSessionSession

LawLawSuitSuit

SlanderSlander

HateHateMailMail

ViolenceViolence

TelephoneTelephoneCallCall

s CADRE Continuum ofConflict Resolution Options

sUse of Procedural Safeguards

2002-2003 – 50 States Due Process Hearings

12,889 requests 2,184 hearings held (17%)

Complaints Filed 5,715 filed 2,992 with findings (52%)

Mediations Held 6,790 held 4,722 with agreements (70%)

s D i s p u t e R e s o l u t i o n A c t i v i t y ( 5 0 s t a t e s , 2 0 0 2 - 2 0 0 3 )

F o r m a l W r i t t e n C o m p l a i n t s F i l e d

M e d i a t i o n s H e l d D u e P r o c e s s H e a r i n g R e q u e s t s

In 2 s t a t e s , h e a r in g r e q u e s t r a t e s e x c e e d 6 0 p e r 1 0 , 0 0 0 S t u d e n t s in S p e c ia l E d u c a t io n

sM e d ia t io n A g r e e m e n t s a s a P e r c e n t o f M e d ia t io n s H e ld ( 5 0 S t a t e s , 2 0 0 2 - 2 0 0 3 )

1 0 0 %

Mediation

The Mediation Process Setting the Stage

Prepare environment Explain expectations & process

Uninterrupted Time Invite each person to talk without

interruptions Participants describe problem and their

perception of the issues (initial expression and release of emotions around situation)

The Mediation Process Identifying the Issues

Identify, clarify, summarize main issues Get agreement on issues

Discussing the Issues Listen for common ground, mediatable

issues, points of disagreement Encourage participants to talk to each other

The Mediation Process Generation of Potential Solutions

Assist the brainstorming possible options for each discreet issue

Evaluate potential solutions

Agreement Building Narrow list of viable options “Reality Check” Assist in negotiation process Record agreement is appropriate

s Mediation ProcessCaucus (Separate Meeting)

Purposeful, Confidential, Balanced Advantages

Exploring positions, interests and needs Save face Manage emotions Test solutions

Limitations Confidentiality issues Breaking direct communication Mediator becomes more the focal point

Role of the Mediator Establishes rapport and trust Facilitates communication Elicits underlying interests Recognizes and shifts problematic

communication patterns Encourages brainstorming Supports the process of analyzing options Assists in agreement writing Provides content expertise (??)

s Power Imbalances Inherent in Conflict

DR Processes can “level the playing field” Actual and Perceived Power may differ For Parents, On the face: less power/status and that

steps must be taken to make sure that doesn’t distort the processes (#s matter)

Cultural issues may exacerbate this – intimidation may be present whether intended or not

Perception: Many of the formal mechanisms are ways to “get the parent to go along”

Fair systems require well-facilitated processes and trained interveners (mediators, hearing officers, facilitators, etc.) who are able to control the power balance issues

Relationships well-built help overcome imbalance

s Protocol: Removing Power Imbalances

When third party-neutral is present When a third party-neutral is not present –

NB/WISC has a document/ process guide Pre-, During and Post-IEP processes/ conditions

that can help reduced perceived power imbalances Emphasis on the technical processes in service to

the human aspects – subtle impact of dress… Risk of “Pre-IEP” actions: parents may not be

equipped/ supported to participate effectively Should the IEP itself be included in the Continuum?

Cartoon book on IEPs. Time and IEP – ironic power play by trying to

control…

Mediation Models Single Mediator

Easier to Manage Logistically Mediator Expertise Mediator Control

Panel Mediation Reflects Community Strengthens Community

Mediation Models Co-Mediation

Reflect Participants Involved Family/School Gender Age Ethnicity/Race

Training/Mentoring Model Two-is-better-than-one Modeling Cooperative Behavior Balancing Different Mediator Orientations,

Strategies, & Techniques

Advantages of Mediation Privacy/Confidentiality Flexible, informal Addresses underlying issues, concerns

& priorities of participants Capacity for creative resolutions Future focused Relatively time efficient

Advantages of Mediation Allows direct communication Process educates participants Win/win outcomes Potential to build, maintain & enhance

relationships A place for an apology More comprehensive Accessible to wide range of participants Higher satisfaction

Critique of Mediation Mediator lacks power to compel

participation disclosure of information settlement

Imbalance of power may adversely affect outcome

Critique of Mediation Compliance voluntary Enforceability issues Can be time consuming Standards of Practice not universal Due Process Safeguards ??

Listening

“Listening is probably the most cost effective element of a

conflict management system.”

Mary Rowe

s Characteristics of Good Listening

Think of a time when someone listened to you.

What did he/she do that made you feel he/she was listening?

What was his/her attitude toward you?

ListeningFollowing the thoughts and feelings of others to understand what they are saying from their perspective, frame of reference, or point of view.

Dignity and Respect

The Chinese characters that make up the verb “to listen” tell us

something about this skill.

s Listening Problem Solving

Sometimes speakers just need to be heard

Sometimes listening clears up confusion

Sometimes listening identifies a need for problem solving

To listen a soul into disclosure and discovery is the greatest service one human can do for

another.

Quaker saying

Reflective Listening The HEART of listening is:

EMPATHY, CARING & RESPECT Main rule:

KEEP THE FOCUS ON THE OTHER

s The Three Basic Skill Clusters for Reflective Listening Are:

Attending Skills

Following Skills

Responding Skills

Attending Skills: Posture Contact (distance, eyes, touch) Gestures Environment Interested Silence

Following Skills Door-Openers Acknowledgement Responses Open-Ended Questions

Responding Skills Reflecting Content Reflecting Feeling Reflecting Meaning

(Content linked with feeling) Summarizing

s Certain Responses Have a High Risk of…

Derailing the conversation Taking the focus off the other Blocking the other from finding a solution Lowering the other’s self-esteem Distancing your self from the other Diminishing the other’s motivation

High Risk ResponsesSending Solutions Ordering Threatening Moralizing Advising Logically

Arguing Questioning

Evaluating Judging Praising Diagnosing Name-Calling

Withdrawing Reassuring Diverting

Takes the focus off the other person

s Listening is a disciplined skill

You can’t do two things at once if one of them is listening.

Positions & Interests

PositionSpecific solution proposed to resolve problem - the “WHAT”

Interest Underlying real need/desire that gives position its life (i.e., beliefs, expectations, values, fears, priorities, hopes, concerns) – the “WHY”

sSample Positions:

“The target level for appropriate interactions in my classroom must remain at 50%.”

“We want an ASL interpreter in that English Lit class.”

“I demand an apology now!”

“Rob has a right to a full time instructional assistant next term”

s Finding the Interests

Position: One party’s solution to the problem/ situation.Often a self-serving solution

Issue: Elements or subject matter of the problem.Elements at issue between the parties that must be negotiated in order to reach agreement.

Interest: Factors that motivate/ drive parties to reach agreement and take positions Interests underlie positions in that the parties’ positions are intended to meet and or address their interests (hopes, wants, needs, fears, concerns)

Adapted from Highnam, K. (2001). Interest-based negotiation, CSSEA 2001 Fall Conference and AGM. Surry B.C, Canada. CSSEA.

Stage 1

Stage 2

Stage 3

Stage 4

Position A Position B

Issues Issues

Interests and positive intentions

Options for agreement

Common ground

All behavior (including positional

behavior) is ultimately positively

intended, and directed at fulfilling some

The Basic Assumption

s Finding the Interests

Question, question, question…Question, question, question… "What makes that solution so important for

"What would you accomplish in getting what you want?"

"What if that did/didn't happen?”

“How will you be affected by…?”

“Imagine that you got ___________; what would

be taken care of?”

Finding the Interests What need is the person taking this

position attempting to satisfy? What is motivating the person? What is the person trying to

accomplish? What is the person afraid will happen if

a demand is not fulfilled?

s Summary: Interest-based Negotiation

Aims not to change the other person, but to change negotiation behavior

Separates the people from the problem Shifts from ”your position versus mine” to “you

and I versus the problem” Shifts from “position-taking” to “perspective-

taking” Holds that Interests are a truer measure of

negotiation goals than Positions. Involves a mutual exploration of interests to yield

more creative options.

Adapted from Highnam, K. (2001). Interest-based negotiation, CSSEA 2001 Fall Conference and AGM. Surry B.C, Canada. CSSEA.

Case of Lisa Role Play Potentially insert a case study here

involving audience members who will role play, and then as a group, we will identify positions and brainstorm using what we’ve learned to ID positions and interests and to strategically deposition.

Cultural Competence &

Diversity

s Cultural Competence and Diversity

Some individuals do not welcome involvement of government

Some cultures defer to professionals Families might not understand

mainstream Western beliefs about "parent-educator partnerships."

Understand the role of age, gender and other individual differences that affect or define status, relationships and socially acceptable behavior

Provide ongoing training and support for all mediators in diversity, cultural competence, flexibility

Cultural Competence and Diversity

Ensure that interpreter training includes the critical element of translating in a neutral manner

Provide interpreters a dictionary of disability and dispute resolution terms.

Modify materials and processes to respond to individual circumstances

Determine what method of communication (e.g., in-person, face-to-face, etc.) is most appropriate

Be aware of personal biases and assumptions based on how a person dresses, speaks, acts, etc

Insist that mediators have no perceived and/or real conflicts of interest

Recognize that many people do not communicate in a linear fashion nor "stick to the subject at hand."

Avoid language or assumptions that perpetuate stereotypes.

Engage community leaders and cultural liaisons in outreach and model definition

Arrange the room and seat the participants in a manner appropriate to the participants and their relationships.

Permit joint and individual meetings as appropriate for saving face, venting, consultation with advisors

The Platinum Rule:

“Do unto others as they would have you do unto them.”

Tony Alessandra

Student Involvement

Fundamental Value:

The student should be present and participate to the maximum extent possible in a mediation regarding the services they receive.

“Nothing about me without me.”

s Advantages Related to Student Participation:

Vital opportunity for student to be understood Student’s preferences taken directly into account Student learns to articulate needs to service

providers Student empowerment Elevates civility of process Encourages positive, strength-based discussions Creates new relationships and linkages Ensures presence of key person in design and

implementation of effective agreement

s Challenges Associated with Student Participation:

Competency to participate Disagreement between parents and

student Coercion and forced agreements Need for united front among adults Limits topics of discussion Potential for student to accept

unreasonable levels of responsibility

Practice Considerations: Pre-Mediation Explorations Regarding

Student Ability Student’s ability to understand process Student’s maturity Student ability to conduct himself/herself

appropriately Student’s past involvement in IEP meetings Student’s interest in participating Other participants’ perspective on student’s

involvement Disagreements between students and

parents Educate student about the process

Practice Considerations: During the Mediation Session

Engage student in ground rules, discussion and agreement

Realistically address confidentiality concerns

Invite opening statement from student Address student/parent disagreements Reality test and contingency plan Arrange follow-up

s Range of Participation Possibilities:

Student written or recorded statement Appointment of designated advocate Student attend but not at table Student participates for portion of

meeting Attendance of safe person and absence

of threatening person

s Placeholder: Conflict and particular audience

E.g., tailor interests groups have to this content

THIS SLIDE SHOULD BE DEVELOPED BY REPRESENTATIVES FROM TRAINING RECIPIENT GROUP DETAILING THE RELEVANCE OF MATERIALS TO THE ROLE OF GROUP MEMBERS.

Resources

Resources CADRE publications – probably not the list in

the presentation Describe the site (URL) that shows you:

Online resources Dialogue guide ListServ

What individuals can access and do. What organizations can access and do. Multiple site feature so that the partnership is

featured among the various participating organizations.

Customized access to particular state resources… how to do this.

CADRE Publications “Beyond Mediation: Strategies for Appropriate Early

Dispute Resolution in Special Education” “Keys to Access: Encouraging the Use of Mediation

by Families from Diverse Backgrounds” “Families and Schools: Resolving Disputes Through

Mediation” (Case Studies) “Special Education Mediation: A Guide for Parents” “Considering Mediation for Special Education

Disputes: A School Administrator’s Perspective” “Educating Our Children Together: A Sourcebook for

Effective Family-School-Community Partnerships” (CD)

CADRE Publications “The Involvement of Students in Their

Special Education Mediations” “Parents and Educators Working Toward

Mutual Solutions” (Video) “Facilitated IEP Meetings: An Emerging

Practice” “Considerations for Mediating with People

Who Are Culturally Deaf” “The Role of Attorneys in Special Education

Mediation” “Steps to Success: Communicating with

Your Child’s School”

s What’s clearly still needed…

Work on Power Imbalance Connecting Conflict resolution and

roles: this is the tailoring to specific group (needs detail)

Slide on resources –started Evaluation: Need to measure both

process and content of the evaluation and How useful to participants (use, relevance, quality) – any time used, CADRE and Partnership get eval data

CADRE/IDEA Partnerships ~ Creating Agreement ~ Collaborative Problem Solving in Special Education...

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