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Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings 1 1 Crucial Conversation Skills for Special Education Meetings MDE’s Approach to Conflict Management 2 Expand upon the requirements of IDEA Promote options for appropriate conflict resolution: “fit the form to the fuss” Emphasize early opportunities to end conflict Increase school, parent resolution skills Provide adequate resources and support What is Conflict? A sign of life A sign that you are engaged with another human being An opportunity to explore change 3

Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

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Page 1: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 1

1

Crucial ConversationSkills for Special

Education Meetings

MDE’s Approach to Conflict Management

2

Expand upon the requirements of IDEA Promote options for appropriate

conflict resolution: “fit the form tothe fuss”

Emphasize early opportunities to endconflict

Increase school, parent resolutionskills

Provide adequate resources andsupport

What is Conflict?

A sign of lifeA sign that you are engaged with

another human beingAn opportunity to explore change

3

Page 2: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 2

“You never change things by fighting the existing reality.To change something, build a new model that makes theold model obsolete. “

Buckminster Fuller

4

Stages of Change

DenialAnger & resistanceExploration & acceptanceCommitment

5

Underlying sources of conflict

Differing values and goalsDiffering perspectivesLack of adequate accurate

information to make informeddecisions

Interpersonal issuesFinancial issues Interests rather than positions

6

Page 3: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 3

And how do you deal withconflict?

7

Author unkown8

Prevention

Seek first to understandthen to be understood

Knowthyself.

9

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Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 4

Effective Communication

Using the Right Skill

Listening

Assertion

Conflict Management

Problem Solving

10

“I” messages

Promote effective and positivecommunication

Acknowledge my feelings about whathappened

Does not blame the other person

Invites conversation, understanding andchange

11

POSITIONWant/Solution

INTERESTS/NEEDSWhat’s Important

VALUES FEARS

BELIEFS

20%

80%

Positions and Interests

12

Page 5: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 5

Positions, Interests and Needs

Positions – What we want, the demand orsolution to what we think the problem is.

Interests – Why we want it – Our desires andgoals – what we want to achieve.

Needs – Our basic requirements for well-being such as identity, safety, belonging,achievement, and control over our lives.

13

Maslow's Hierarchy of Needs

1. Biological and Physiological needs - air, food,drink, shelter, warmth, sex, sleep.

2. Safety needs - protection from elements,security, order, law, limits, stability.

3. Social Needs - Belongingness and Love, - workgroup, family, affection, relationships.

4. Esteem needs - self-esteem, achievement,mastery, independence, status, dominance,prestige, managerial responsibility.

5. Self-Actualization needs - realizing personalpotential, self-fulfillment, seeking personalgrowth and peak experiences.

14

Identifying the underlyinginterest

Why is that important to you?

What would that solution accomplish?

How would that affect the student?

What if that did happen?

How would the student experience that?

What would that mean to the student?

15

Page 6: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 6

Know what to talk aboutYou cannot NOT communicateListening can be hard workPlatinum rule

16

When your best effortsdon’t bring the resultsyou hoped for~

17

Michigan ContinuumStage ofConflict

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5

Level ofIntervention

Prevention Disagreement Conflict Procedural Safeguards Legal Review

Assistance,InterventionOptions

Conflict resolution skills

training

Informal party-to-party

discussions

MD

E toll-free information

phone line

Conciliation (telephone

intermediary)

IEP, IFSP facilitation

Pre-filing mediation

Mediation under ID

EA

Com

plaints

Resolution sessions

Due process hearings

Litigation

Legislation

Dimensions Third party assistance Third-party intervention

Decision making by parties Third-party decisionmaking

Interest-based Rights-based

Informal, flexible Formal, fixed

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Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 7

When to Use Facilitation

IFSP, IEP settings

Resolution sessions

Participants uneasy about a meeting

Parent, school relations strained

Participants need to focus on issues

19

A Facilitator Will:

Contact the family and school in advance

Create an agenda from their input

Stay neutral

Conduct the IEPT meeting if requested

Keep the meeting centered on the student’sneeds

Help negotiate disagreements

Keep the meeting on track and on time

Make sure everyone adheres to agreed uponground rules

20

A Facilitator Won’t:

Be a part of the team

Give legal advice

Advocate for a position

Make decisions

21

Page 8: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 8

A fair, consistent process

Cooperative participation

Trust

Meaningful Communication

Consensus

ImplementableIEP

EffectiveProgram

BY BUILDINGCOLLABORATIONAN IEP TEAMGAINS…

Mediation

23

When to Use Mediation

Any dispute

Eligibility for programs, servicesEvaluation interpretationsTransition issuesService delivery, effectiveness

Resolution sessions

Communication, relationship issues

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Page 9: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 9

The Mediator Will: Remain neutral

Conduct the mediation

Ensure all parties have equal opportunity toexpress their ideas and thoughts

Make sure that everyone abides with rulesfor appropriate conduct

Help the parties remain on the topic oftheir disagreement

Guide the participants towards creating anagreement

Record the agreement25

A Mediator Won’t:

Make decisions

Give legal advice

Take sides

26

Mediation Procedure

Mediator sets agenda & ground rules

Participants limited to those involved indispute & decision making

Issues are explored

Options to solve problems are discussed andevaluated

Agreement put in writing

Binding in court

Agreement can serve as IEP addendum Complainable

All discussions confidential27

Page 10: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 10

Benefits of Mediation

Participants control outcomes

Participants become self-sufficient

Solutions remain local

Dispute resolution costs decline

More time, money spent on educating

28

No Agreement

Parties too entrenched inposition to agree

Legal decision is needed orwanted

29

Get free Training, Facilitation &Mediation Services

1-800-8RESOLVE (1-800-873-7658)

Msemp.cenmi.org

Local MSEMP

Program information:

516 S. Creyts, Ste. A

Lansing, MI 48919

Phone: 517.485.2274

Fax: 517.485.1183

Email: [email protected]

30

1-800-8RESOLVE

Page 11: Crucial Conversation Skills for Special Education …€¦ · Cheryl Levine, BS, MSEMP & David Gruber, JD, MSEMP 11/6/2014 A5: Crucial Conversation Skills for Special Education Meetings

Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP

11/6/2014

A5: Crucial Conversation Skills forSpecial Education Meetings 11

Thank You31