“Let us put our minds together and see what life we can make for our children” Chief Sitting...
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Transcript of “Let us put our minds together and see what life we can make for our children” Chief Sitting...
Began in 1996 with Supreme Court Administrative Office
Framework Federally funded through the OSE/EIS Administered by Dispute Resolution Education Resources,
Inc. (DRER) Services provided by DRER and the Community Dispute
Resolution Program
Community members trained 40 hours general mediation skills 16 hours special education law, issues 10 hours internship (observation) 25 hours general mediation experience 16 hours IEP facilitation 8 hour update training every 2 years
Coordinated through Community Dispute Resolution Centers
20 throughout state
Mediation: Negotiation conducted by an impartial party
Facilitation: assistance in coordinating rather than leading an IEP team meeting or Resolution Session so that team members are encouraged to participate in the discussion
Training: skill building in communication and dispute resolution
Stage of Conflict
Stage 1 Stage 2 Stage 3
Stage 4 Stage 5
Level of Interventio
n
Prevention
Disagreement Conflict
Procedural Safeguards
Legal Review
Assistance, Intervention Options
Conflict re
solu
tion skills tra
inin
g
Info
rmal p
arty
-to-p
arty
discu
ssions
MD
E to
ll-free in
form
atio
n p
hone
line
Concilia
tion (te
lephone
inte
rmedia
ry)
IEP, IF
SP fa
cilitatio
n
Pre
-filin
g m
edia
tion
Media
tion u
nder ID
EA
Com
pla
ints
Reso
lutio
n se
ssions
Due p
roce
ss hearin
gs
Litigatio
n
Legisla
tion
Dimensions
Third party assistance Third-party intervention
Decision making by parties Third-party decision making
Interest-based Rights-based
Informal, flexible Formal, fixed
8
Series of 7 Essential skills Collaboration in the IEP/IFSP process Collaborative Leadership in the IEP/IFSP
process Sustaining skills seminar Diversity Transition Conflict Resolution (2 days)
Schools and parent groups
“The greatest compliment that was ever paid me was when one asked me what I thought, and attended to my answer”
Henry David Thoreau
Personalities Misunderstandings or miscommunication Lack of trust due to broken promises, lack of success in
past, gossip and innuendo Direct or implied blame
Unfamiliar with role, rights, law Lack of information Lack of understanding of roles and responsibilities Differing interpretations of the law Non-compliance with law Transitioning to IEP process
Resources time- not enough shortage of resources or financial constraints
Communication Little or no preparation for IFSP process Differing expectations of service providers Differing communication styles Notify service providers of responsibilities, time lines,
reporting requirements, accommodations, etc.. Barriers to effective Communication
Verbal Attacking (interrogating, criticizing, blaming, shaming) You messages (moralizing, preaching, advising, diagnosing). Showing power (ordering, threatening, commanding,
directing) Other: Shouting, name calling, refusing to speak
Non-Verbal communication barriers
IFSP teams often fear disagreement
Many factors can interfere with productive discussion
IFSP team meetings can produce better results when all team members prepare and participate
Always separate the people from the problem Focus on the interests, not positions Generate a variety of possibilities before deciding
what to do Insist that results be based on some objective
standard Frame each issue as a joint search for objective criteria Reason and be open to reason as to which standards are
most appropriate and how they should be applied Never yield to pressure-only to principle.
MSEMP offers no cost Facilitation
Useful in IFSP meeting, resolution session Facilitator helps ensure a fair and inclusive meeting
Mediation Use to resolve dispute Mediator manages process, may caucus when
necessary Decisions made by parties
IFSP, IEP settings Resolution sessions Participants uneasy about a meeting Parent, school relations strained Participants need to focus on issues
Builds and improves relationships among the IFSP team members and between parents and schools.
Ensures the meeting is student-focused Models effective communication and listening Clarifies points of agreement and disagreement Provides opportunities for team members to
resolve conflicts if they arise Encourages parents and professionals to identify
new options to address unresolved problems Costs less than more formal proceedings such as
due process hearings
Is typically less stressful than formal proceedings
Supports better follow through and follow-up; roles and responsibilities can be discussed and planned
Is the IFSP meeting, and doesn’t require a separate IFSP meeting to formalize agreements that are reached
Supports all parties in participating fully
Eliminates the need for someone to play the dual role of participant and facilitator
Facilitation and mediation skills can help prevent the IFSP meeting from getting off track and intervene during the meeting to get people back on track
Past experiences between the group members can hinder future working relationships. Having an IFSP facilitator involved can sometimes change the whole environment and outcome of the meeting
Any dispute Eligibility for programs, services Evaluation interpretations Transition issues Service delivery, effectiveness
Resolution sessions Communication, relationship issues
Participants control outcomes Participants become self-sufficient Solutions remain local Dispute resolution costs decline More time, money spent on
educating Placed in IFSP within 5 working days
Remain neutral Conduct the mediation Ensure all parties have equal opportunity to
express their ideas and thoughts Make sure that everyone abides with rules for
appropriate conduct Help the parties remain on the topic of their
disagreement Guide the participants towards creating an
agreement Record the agreement
MSEMP Performance (Federal fiscal year)
Category FFY 2004
FFY 2005
FFY 2006
FFY2007
FFY2008
Total
Cases opened (mediation and IEP facilitation)
57 105 181 226 235 804
Mediations held 33 57 60 92 113 355
•Mediations with agreement 24 50 48 74 89 285
•Mediations without agreement 9 7 12 18 24 70
•Mediation agreement rate (SPP Indicator 19) 73% 88% 80% 80% 79% 80%
IEP facilitations held * 20 46 71 72 209
•Parties agreed on IEP and implementation * 11 33 59 62 165
•Parties disagreed on IEP, but allowed implementation
* 5 10 6 2 23
•Parties disagreed on IEP; requested hearing or mediation
* 4 3 6 8 21
* Facilitation measures defined differently in 2004 and therefore not comparable with following years.
Collaborating for Results in Special Education
1-800-8RESOLVE (1-800-873-7658)CENMI.ORG/MSEMPLocal MSEMPProgram information:
229 North Pine Street Lansing, MI 48933 Phone: 517.485.2274 Fax: 517.485.1183 Email: [email protected]
Thank You