1 / 54

Contra Costa SELPA Alternative Dispute Resolution (ADR) Preparation And Training Day Three

Contra Costa SELPA Alternative Dispute Resolution (ADR) Preparation And Training Day Three. Table Reflections. When there is a dispute, when would you involve: The Principal? Director? SELPA? State?. What Do Limited Resources Really Mean?. First Response Team Review.

matty
Download Presentation

Contra Costa SELPA Alternative Dispute Resolution (ADR) Preparation And Training Day Three

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Contra Costa SELPAAlternative Dispute Resolution (ADR) Preparation And TrainingDay Three

  2. Table Reflections When there is a dispute, when would you involve: • The Principal? • Director? • SELPA? • State?

  3. What Do Limited Resources Really Mean?

  4. First Response Team Review Early Case Analysis

  5. First Response Team Review • Intensive support for site and district decision-making • Early objective file review (Phase I) • Case analysis: Risk and Benefit (Phase I) • Case Staffing (Phase II) • Collaborative process to resolve problems (Phase III) • Blends resources and expertise

  6. First Response Team Review • District Administrator Directed • SELPA Facilitated • Site Staff Participation (Phase II) • Parent Participation (Phase III)

  7. Intensive Support • Case Specific • Early Objective Evaluation • Facts • Issues • Options • Risk Analysis • Cost Benefit Analysis

  8. Phase I: Preparation • File Preparation (Program Specialist) • File Standardization • Chronological History • Compliance: Technical Errors • Fill In The Gaps • File Review (SELPA Director) • Risk Analysis • Cost Benefit Analysis • SELPA Director & District Administrator Meeting

  9. Phase II: Staff Meeting • District Administrator Calls The Meeting • District Administrator Chairs The Meeting • Facilitator/Recorder Used • Decision Making Process Announced • Include All Site And District Staff That Have Served, Assessed, Or Worked On the Case Including Principal • Presentation Of Case (Program Specialist) • Issues And Analysis (SELPA Director) • Options And Strategies (All)

  10. Phase II: Agenda • Introductions • Purpose of Meeting and Ground Rules • Review of Chronology • Review of Issues And Solutions • Development of an Action Plan

  11. Phase II: Criteria For Decision Making • Strength of district/parent case: witnesses, documents, and law • Merits of placement/program for the student • Age of the student • Precedent value of issue • Cost of litigation vs.. cost of settlement • Potential success of preferred strategy or process • Impact of strategy on relationships

  12. Phase III: Bring In The Parent • Repeat Phase II: From the Parent’s Case Perspective • Assist the Parent In Identification Of Issues and Alignment with Complaint And Hearing Criteria • Present the District’s Strategy • Facilitate And/Or Mediate Development of a Parent/District Action Plan/Agreement • Report to the Superintendent if sufficient progress has not been made

  13. Mediation

  14. Mediation • Conciliatory Gestures: Activities undertaken by one side on its own with the interest of improving the situation • Negotiation: Disputants seek to resolve their differences through direct, fact-to-face discussions with one another. • Mediation: Disputants bring an impartial third party to assist in breaking an impasse. Assists with communication and uses process to move toward resolution

  15. Seven Elements Of Mediation • Communicates in both directions - unconditionally • Builds arelationship which allows you to work side by side • Uncovers and clarifies all interests • Generates options which will meet all interests, but do so without commitment • Finds standards of legitimacy which will help you evaluate and improve options • Identifies alternatives and consequences if no agreement is reached • Drafts terms that are better than the best alternatives, and then creates commitment

  16. Five Stages Of Mediation • Opening & Establishing Procedural Guidelines • Storytelling – Gathering Information • Creating Understanding – Identifying Interests And Issues • Exploring Options And Solutions • Agreements And Closure Vendiola, J. Townsend and IDRS, Inc. 1996

  17. The Advantages Of Mediation • Speedy • Impartial Neutrals • Informal And Flexible • Private • Economic • Parties Craft Settlements That Are Binding

  18. Voluntary Cooperation is encouraged Open Communication Exploration of options Impartial Focused on common interests Confidential nature encourages candor Allows for acknowledgement of feelings Agreement only when everyone agrees Models respectful behavior Balancing The Power: Inherent In Mediation

  19. Room Arrangement Opening Statement Deciding who will speak first Equal time to each party Management of disruptive behaviors Keeping optimistic Helping parties to question own positions Management of communication Caucus The Mediator Balances Power Through:

  20. Role Of The Mediator • Assesses Conflicts • Initiates Process • Actively Listens • Tests Reality • Generates Alternatives • Explores Resources • Educates Regarding Collaboration • Gains Closure

  21. Solutions Panels • A Panel Including: Parent, Provider, and Administrator (Parent May Be Paid) • From Another District • Specifically Trained • Using A Problem Solving Method To Bring Parties Together • To Reach A Mutually Satisfying Agreement

  22. Conflict Communication Cultural Diversity Anger Negotiation Conciliation and Mediation Intake Case Development Stumbling Blocks Panel Process Follow-up/Evaluation Other Applications Solutions Panels Training(25 Hours)

  23. Disputants PartyA Party B Solutions Panel Provider Parent Admin Solutions Panels: Phase I Parties Describe The Conflict • Come to a full understanding of the problem • Establish rapport that helps the people in conflict state issues and express feelings • Have each party hear the other’s issues and feelings • Model teamwork, neutrality and communication • Prepare the people in conflict to communicate and work together

  24. Disputants Party A Party B Solutions Panel Provider Parent Admin Solutions Panels: Phase II Understanding Each Other • Expand the Work of Phase I • Decide which issue will be discussed first • Promoting discussion between the two disputants focusing on specific issues • Pointing out new information as it surfaces

  25. Solutions Panels: Phase III Exploring Possible Solutions • Helping the disputants reflect on the work and learning that has occurred • Preparing disputants to resolve the conflict

  26. Solutions Panels: Phase IV Agreements Written And Signed • Developing a resolution which is mutually agreeable to each disputant • Write an agreement for signature • Reflect on the process and options for resolution of future disputes

  27. Local Mediation • Same Process • One Mediator • Not From The State Contractor

  28. Agreements Must Be … Specific Measurable Attainable Realistic Timetabled

  29. Local Intake Coordinator • A designated or assigned LEA or SELPA staff member (could be a parent) • Specifically trained to match disputes to process • Skilled in data collection • Available to parents and district staff • Readily available and swift to take action

  30. Intake Coordinator • May be the first person to hear the problem presented • Must be a careful messenger • Remains a neutral presence while supporting both parties

  31. Professional Response • You have information and expertise that the caller does not have • Plan how to share this information and expertise so that the caller can use it • Step away from the problem • Ask strategic questions • Address the answers that you get

  32. Intake And Case Development • Show Concern • Show The Process Is Simple And Effective • Provide Information About ADR Options • Help Participants Choose A Strategy Option • Respond Quickly • Facilitate Logistics For Strategy Implementation • Collects Data Throughout Process • Evaluates Process

  33. Case Developer’s “Do” List • Take Time To Listen • Focus On Problem, Not The People • Validate Feelings, Not Facts

  34. What Turns A “Problem” Into A Conflict? • Perception that it is a high stakes issue • Perception that the other party’s position is directly opposite from yours • Perception that there can only be one winner

  35. The Intake Coordinator Can: • Change perceptions • Clarify issues by asking sincere questions • Create an expectation that the problem can be solved

  36. The Intake Coordinator Will: • Move the parties toward an appropriate resolution process • Handle the Logistics • Not solve the problem for anyone • Celebrate the solution

  37. When to Use A Neutral Process • When an Advocate or Attorney is involved • When the parent has contacted the California Department of Education or Federal Government • When there is a possibility of a volatile meeting • When there is a past history of derailment • When there are multiple agencies involved • When expectations are unrealistic

  38. When To Use A Neutral Process • When there is a NPS/NPA issue that is unresolved • When there is a history of distrust • When there is a past history of litigation • When an Independent Education Evaluation is being discussed at the IEP meeting • When staff is entrenched with a specific outcome

  39. Site Reflection What are the strengths and weaknesses of each option? What are the barriers to dispute resolution? How do you match a strategy to a case? When would you advise a state level process? How much is enough time to try to resolve a dispute locally?

  40. Dr. Cathy Nicoll Coordinator925-827-0949 x13 For ADR Service From Contra Costa SELPA, Contact:

  41. Informal Identification of Case Identified Issues ADR Strategy Tracking Formal Filing of Case Timeline Monitoring Outcome Analysis Cost/benefit Analysis Local ADR Activity

  42. Disputes Are About: • Feedback • Validation • Communication • Relationships • Opportunities

  43. The Conflict Cycle Beliefs & Attitudes About Conflict Result Conflict Occurs Response

  44. Breaking The Negative Conflict Cycle We need: • Awareness • Willingness to make changes • Skills • Support

  45. Embracing Conflict Building and Sustaining Relationships Training Others Building Capacity Mentoring to Districts Mentoring to SELPAs Contra Costa SELPA’s Alternative Dispute Resolution Action Plan

  46. Personal Performance Plan • Review Personal Dispute Resolution Inventory • What are you willing to do • To break the negative cycle of dispute? • To improve service at your school? • What would you like to see exist in the district? (Training, Support, Coordination, etc.) • Write your Personal Action Plan

  47. School Team Planning • Where are we now? • Where do we want to go? • How are we going to get there? • What are the roadblocks? • When do we need help? Write an Action Plan for your School

  48. To Reach Our Goal - PARENT – PROFESSIONAL TEAMWORK • Acceptance • Access • Training • Participation • Mutual Respect • Collaboration • Communication

  49. Dispute Resolution Provides • Empowerment Through Information • Skills Through Training • Support Through Relationships • Evaluation Through Data

More Related