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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
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
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Stages of Change
DenialAnger & resistanceExploration & acceptanceCommitment
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Underlying sources of conflict
Differing values and goalsDiffering perspectivesLack of adequate accurate
information to make informeddecisions
Interpersonal issuesFinancial issues Interests rather than positions
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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
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
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“I” messages
Promote effective and positivecommunication
Acknowledge my feelings about whathappened
Does not blame the other person
Invites conversation, understanding andchange
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POSITIONWant/Solution
INTERESTS/NEEDSWhat’s Important
VALUES FEARS
BELIEFS
20%
80%
Positions and Interests
12
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.
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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.
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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
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
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When your best effortsdon’t bring the resultsyou hoped for~
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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
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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
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A Facilitator Won’t:
Be a part of the team
Give legal advice
Advocate for a position
Make decisions
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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
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When to Use Mediation
Any dispute
Eligibility for programs, servicesEvaluation interpretationsTransition issuesService delivery, effectiveness
Resolution sessions
Communication, relationship issues
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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
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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
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
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No Agreement
Parties too entrenched inposition to agree
Legal decision is needed orwanted
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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
Cheryl Levine, BS, MSEMP & DavidGruber, JD, MSEMP
11/6/2014
A5: Crucial Conversation Skills forSpecial Education Meetings 11
Thank You31