“Let us put our minds together and see what life we can make for our children”

Chief Sitting Bull

Achieving the Best for Special Education Students

Early On Enrollment: 4, 699 In Home 3,014 In community setting: 586 “Other” 1,099

*Dec 2008 count

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

MDE/MSEMP

Centers

5

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

Be a part of the team Give legal advice Advocate for a position Make decisions

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

Make decisions Give legal advice Take sides

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: msemp@tds.net

Thank You