1. Working Toward Positive Outcomes
.Negotiation Tips for Educators
State SELPA Organization Alternative Dispute Resolution Confernce
Riverside, California
March 21, 2017
Presented by: Amy Foody
SELPA Director Fontana USD

2. Presenters Amy Foody SELPA Director Fontana School District
Amy has 30 years of educational experience, including experience as a special education teacher, site Administrator, program specialists, Director Pupil Services and Special education and Program Manager for Due Process, WESELPA. Amy has attended multiple trainings through the Pepperdine University Straus Institute of Dispute Resolution.

3. When do we negotiate? Or When Are we not negotiating?
Children, dinner, buying a car, Shopping in another country, Flee Markets, house buying,

4. OUTCOMES Identify negotiation strategies
Identify negotiation strategies
Understand the win win philosophy of dispute resolution
Understand the importance of preplanning, case evaluation, BATNA ( Best Alternative to a Negotiate Agreement), WATNA (Worst Alternative to a Negotiated Agreement)
Identify ways to rebuild relationships through negotiations

5. Formal and Informal Resolution Sessions, Mediation, Meetings
Early resolution sessions EDR, IDR
Parent Meetings
Facilitated IEPs
Other meetings
Informal mediation
All Include discussion of an issue and negotiation to resolve the issue.
Formal
Due Process Required Resolution Sessions
Mediation
These more formal processes also include discussion of an issue and negotiations to resolve. They are legally required meetings that often include outside support personnel. Advocates, attorneys.

6. Hearing Statistics Cases Resolved Without Hearing (98%)
Expedited Cases Resolved Without Hearing
(90%)
Expedited cases generally involve disciplinary matters.

7. X and Y Goal: With partner, try to get the most points. Points:
X, Y = X 1 point Y 0 points
X,X = 0 points
Y,Y = 1 point each

8. Negotiation is a process and not an outcome.
Negotiation Styles:
1. Hard Tactic: Look for victory at all cost, take positions, Distrust
2. Soft Tactic: Avoid confrontation, give into make friends, position moves often, trust
3. Analyzer: Seek control of the process, demand facts and data, look at it as a strategic game, logic and rationality priority
4. Consensus: Seek rapport, look for mutual interests and agreements, listen, focus on interests not positions.
Successful negotiating, Ken Lawson, MA. Ed.M.

9. Bargaining
Distributive- Competitive bargaining. Haggling for a price. It is a dance done in bargaining to get to an agreed upon price. You want to pay the least amount possible and the seller wants to get the most money possible. The final agreement is in between.
The Dance can not be short cut. Do not give your best price at the start.

10. Bargaining
Integrative or interests based- cooperative and problem solving or collaborative bargaining.
Look for goals and ways to achieve for both sides
Look for other options or elements to be discussed
Focus on interests no positions
Be creative, a good listener, flexible

11. Instead: Separate the person from the problem Focus on Interests 9
The idea of a negotiation or resolution meeting is to get to ‘YES’. It is not a win or lose but a win win process.
Do not bargain over a position. It requires you to go hard or soft on a position to try to reach an agreement.
Instead: Separate the person from the problem
Focus on Interests
Look for options
Set a criteria
Taken from “ Getting to Yes” by Roger fisher, William Ury and Bruce Patton

12. Hidden Agenda – The Unknown
Position
What I Say I Want
Interest
What I Really Need

13. Mindset for Resolution
Desire to Re-establish Trust
Open to Resolution and Compromise
Mutual Respect
Ready to Participate in Open Communication

14. Tools: Prior to the Meeting
Know your case
Review the know issues and facts.
Know the issues stated in the compliant.
Identify key members (or none) to be included in the process of resolution.
Write your responses ahead of time

15. Tools: Prior to Meeting
Know your BATNA- What can you agree to and live with?
Best alternative to a negotiated agreement.
Know your bottom line!
What are you willing to give or how far are you willing to go?
Separate emotions from issues.
What is the next step is you can get to an agreement.

16. Tools: Prior to Meeting
Know your WATNA- Worst alternative to a negotiated agreement.
What is the worst I can expect if we do not come to an negotiated agreement?
Will the disagreement end up in a formal complaint?
Will you end up in hearing and get a decision that could be expensive?
Will it ruin the relationship?

17. Tools: Prior to the Meeting
Know your MLATNA- Most Likely Alternative To A Negotiated Agreement.
What is the most likely alternative I can expect if we do not come to an negotiated agreement?
If I do not resolve today, will we resolve in mediation? Will parent drop the issue?
By thinking these through, we can understand how a negotiated solution can meet our needs better than the alternatives and can clarify our desired outcomes.

18. Hypothesize both Sides Interests
Your Interests
Rebuilding relationship and trust
Student progress
Keeping costs down
Supporting staff
Peace, waivers of past issues
Supporting programs
Getting a legal answer
Board and Other outside interests
Other Party Interest
Child safety
Child progress
Trust
Peace
Other????

19. Meeting Preparation Set the stage early on:
Use a neutral location if possible
Have two rooms available
Greet the parent and their advocate, shake their hands. Make small talk.
Have water, food, snack
Have an agenda
Consider using a third-party facilitator

20. Tools: The Opening Introduction: Introduce yourself Get agreement on:
Purpose of the meeting
Goals for the meeting
Role of the Facilitator
Get agreement on:
Ground rules
Confidentiality
Discuss desired outcomes
Settlement agreements, IEP meeting, Good conversation, Referral to another person or agency . .
This is your chance to build trust in 3 minutes, use it wisely!

21. Other Helpful Tools Communication Skills Be Mindful
Encourage Communication
Use reflective listening
Use open body language
Take the High Road
Visuals
Use charts
Parking Lot chart
Visual memory
List agreements or common interests

22. Positive Outcomes: any one of the items below is positive.
Full resolution
Partial resolution
Establishing relationships
Opening lines of communication
Extracting non-IEP agreements from the IEP
Establishing Understanding on priorities for student for next IEP. . .

23. Thank You!