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Collaborative Policy Development
CADRE Dispute Resolution Conference
Janice LaChance – Maine Parent Federation
Ann Nunery - Maine Administrators of Services for Children with Disabilities
Michael J. Opuda - Northeast Regional Resource Center
Welcome - Dispute Resolution Stakeholders
Our charge:Develop consensus for consideration by the Dept. of Ed.Issues for discussion:Mandatory mediationBarring attorneys from mediationsLabel for Serious Emotional
Disturbance
Agenda
Welcome & Orientation
Review ground rules
Collaborative policy development
Consensus building
Policy Development Activity
Feedback / Reflections
Ice Breaker
Turn to the person next to you.
Identify the role you’ve been assigned for this activity
Identify who you really are
Why are you here?
What do you want to learn today?
Report out
Purpose of this Stakeholders’ Meeting
To identify policy options
To identify significant issues of concern to stakeholders
To develop consensus on policy recommendations for the Department’s consideration
Objectives
Improve understanding of diverse perspectives regarding the issues
Open, honest discussion of the issues
Identification of policy options based upon group consensus
Have some fun
Ground RulesAgree to commit to entire meeting
Work collaboratively to develop consensus
Be respectful of diverse opinions
Express alternatives
Avoid side conversations
Others?
What is Collaborative Policy Development?
A Consensus based decision-making
process
Collaboration among interested parties
Shared vision, goals, outcomes /
diverse interests
Alternative to traditional policy
development process
Typical Rulemaking Process
Development proposed rule
Notice of proposed rule
Public hearing
Public comment period
Review, summarize & respond to comments
Final regulations adopted
Why do we have regulations?
Builds on federal law, federal
regulations and state law.
Recognizes the regime values of
Congress and the state legislature.
Clarifies legal obligations and terms.
Why do we have regulations?
Establishes state policy.
Sets standards for performance.
Provides fair notice of obligations.
Problems with Traditional Policy Development
Accommodation / Compromise
Reactive process
Abstract policies
Top down decision making
Iron Triangles / Favored Voices
Collaborative Policy Development Characteristics
All groups with a stake voluntarily
agree to participate
There is direct, face-to-face interaction
Decisions are made by consensus
The group determines process and
outcomes
Collaborative Policy Development - Benefits
Focuses resources / sets priorities
Ensures policies reflective of stakeholders
Fosters creativity
Facilitates regulatory process
Increases credibility, legitimacy, and trust
Collaborative Policy Development - Problems / Concerns
Contrary to traditional policy process
Stakeholders may decline to participate
Process is time-consuming
Requires tough decisions be made
Consensus is not always achievable
Collaborative Policy Development - Summary
Acknowledges & values differences
Provides context for decision-making
Cooperatively seeks common ground
Develops consensus
Welcomes diverse perspectives
Consensus
Unanimity based upon accepted criteria, e.g. “something you could live with.”
Responsive to minority concerns Generates individual commitmentTime consumingVeto-able
Consensus Building Methods
Round robin - solicit opinions from members
Thumbs up, down, or sideways Five fingers method - fist = veto, 1
finger = highly unacceptable, 5 fingers = highly support
Reaching Consensus
Take easier issues first
Use active listening
Talk with each other
Park controversial issues
Identify acceptable alternatives
Decision Making
How will the group determine
consensus?Thumbs up / down
What standard for consensus will
the group adopt?Acceptable / Live with it
What are the issues?
Should Attorneys be barred from
participating in Mediations?
Should mediation be required prior to
requesting a hearing?
Should the term “Serious Emotional
Disturbance” be changed to
“Emotional / Behavior Disorder?”
Topical Discussion Process
We will address one topic (mediation, attorneys, or SED label).
Consensus on topic?
Individually – respond to the 3 questions for the selected topic
Move to your color coded small group
Topical Discussion Process
Break into one of three / four subgroupsSelect recorder, timekeeper, facilitator
Individually - share your responses to the 3 questions w/ the small group
As small group – Discuss concerns / issues and solutions
Report to large group on concerns, solutions
Should Attorneys be Barred from Participating in Mediations?
Will this benefit Children, Parents & Schools?
Will this impose additional burdens upon Children, Parents, & Schools?
Will this improve parent / school relationships?
Should mediation be required prior to requesting a hearing?
Will this benefit Children, Parents & Schools?
Will this impose additional burdens upon Children, Parents, & Schools?
Will this improve parent / school relationships?
Change “Serious Emotional Disturbance” to “Emotional / Behavior
Disorder?”
Will this benefit Children, Parents & Schools?
Will this impose additional burdens upon Children, Parents, & Schools?
Will this improve parent / school relationships?
Barring Attorneys at Mediations
Require mediation
Change category from SED to E/BD
Reflections
What are the prerequisite conditions for successful collaboration?
Who should represent your organization?
Unintended consequences?
Further Questions / Comments?