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

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

3. 3 What Do Limited Resources Really Mean?

4. 4 First Response Team Review Early Case Analysis

5. 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. 6 First Response Team Review District Administrator Directed SELPA Facilitated Site Staff Participation (Phase II) Parent Participation (Phase III)

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

8. 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. 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. 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. 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. 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. 13 Mediation

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

15. 15 Seven Elements Of Mediation 1. Communicates in both directions - unconditionally 2. Builds a relationship which allows you to work side by side 3. Uncovers and clarifies all interests 4. Generates options which will meet all interests, but do so without commitment 5. Finds standards of legitimacy which will help you evaluate and improve options 6. Identifies alternatives and consequences if no agreement is reached 7. Drafts terms that are better than the best alternatives, and then creates commitment

16. 16 Five Stages Of Mediation 1. Opening & Establishing Procedural Guidelines 2. Storytelling – Gathering Information 3. Creating Understanding – Identifying Interests And Issues 4. Exploring Options And Solutions 5. Agreements And Closure Vendiola, J. Townsend and IDRS, Inc. 1996

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

18. 18 Balancing The Power: Inherent In Mediation 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

19. 19 The Mediator Balances Power Through: 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

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

21. 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. 22 Solutions Panels Training (25 Hours) Conflict Communication Cultural Diversity Anger Negotiation Conciliation and Mediation Intake Case Development Stumbling Blocks Panel Process Follow-up/Evaluation Other Applications

23. 23 Solutions Panels: Phase I 1. Come to a full understanding of the problem 2. Establish rapport that helps the people in conflict state issues and express feelings 3. Have each party hear the other’s issues and feelings 4. Model teamwork, neutrality and communication 5. Prepare the people in conflict to communicate and work together Parties Describe The Conflict Solutions Panel Parent Provider Admin Party B Party A Disputants

24. 24 Solutions Panels: Phase II 1. Expand the Work of Phase I 2. Decide which issue will be discussed first 3. Promoting discussion between the two disputants focusing on specific issues 4. Pointing out new information as it surfaces Understanding Each Other Party A Party B Disputants Parent Provider Admin Solutions Panel

25. 25 Solutions Panels: Phase III 1. Helping the disputants reflect on the work and learning that has occurred 2. Preparing disputants to resolve the conflict Exploring Possible Solutions

26. 26 Solutions Panels: Phase IV 1. Developing a resolution which is mutually agreeable to each disputant 2. Write an agreement for signature 3. Reflect on the process and options for resolution of future disputes Agreements Written And Signed

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

28. 28 Agreements Must Be … S pecific M easurable A ttainable R ealistic T imetabled

29. 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. 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. 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. 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. 33 Case Developer’s “Do” List Take Time To Listen Focus On Problem, Not The People Validate Feelings, Not Facts

34. 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. 35 The Intake Coordinator Can: Change perceptions Clarify issues by asking sincere questions Create an expectation that the problem can be solved

36. 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. 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. 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. 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. 40 For ADR Service From Contra Costa SELPA, Contact: Dr. Cathy Nicoll Coordinator 925-827-0949 x13

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

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

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

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

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

46. 46

47. 47 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

48. 48 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

49. 49 To Reach Our Goal - Acceptance Access Training Participation Mutual Respect Collaboration Communication PARENT – PROFESSIONAL TEAMWORK

50. 50 Dispute Resolution Provides  Empowerment Through Information  Skills Through Training  Support Through Relationships  Evaluation Through Data

51. 51 We Need Your Commitment To Be True To Yourself To Honor Your Skills, Judgments, And Agreements To Parent Support To Put Aside Personal Issues To Communication To The Process To The Child To Making The System Work

52. 52 Contra Costa SELPA Can Help! SELPA Staff has: Received training Worked with approximately 250 cases per year Mentored others Proved statewide leadership Been recognized with Awards SELPA Staff can offer: Leadership to action planning Coordination for contracted trainings Presenters for selected trainings Materials & data base Ongoing support

53. 53 Reflections

54. 54