Communication and Conflict Management in Special Education

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Communication and Conflict Management in
Special Education

• DoDEA
• Fort Campbell, KY
• March 9-10, 2010
• Philip Moses, Assistant Director
• Anita Engiles, Dispute Resolution Specialist

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• Creative minds always have been known to
  survive any kind of bad training.
• -- Anna Freud

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Priorities

• Promote problem solving and agreement reaching
  skills
• Implement effective dispute resolution processes
• Enhance state agency and parent center
  collaboration
• Assist states to implement dispute resolution
  provisions of IDEA
• Support improved state system performance
• Compile information and data on state systems
• Disseminate knowledge about dispute resolution

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Major Activities

• CADRE Website
• Over 900 individual resources
• CADRE Continuum of Process Practices
• Over 70 individual state/local ADR examples
• RAISE DataBase
• Over 240 abstracted research/practice articles
• Symposia Gallery All presentations materials
  from 2005 National Conference on IEP Facilitation
  2006 National Symposium on Dispute Resolution
  in Special Education
• Español
• 9 translated resources, primarily directed at
  family members
• Rich Media
• Flash videos on CADRE, Listening Skills,
  Understanding Interests

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Major Activities (cont)

• Developing Community, Creating Partnerships
  Leveraging Resources
• NPTAC/RPTAC/State PTIs/CPRCsNASDSE/IDEA
  Partnerships/Project FORUMNICHCY National
  Dissemination CenterRRCs/Dispute Resolution
  WorkgroupCOP Listservs Mediation/ADR, State
  Written Complaints, Due Process Hearings
• National Symposia
• First National Symposium on Dispute Resolution
  (2000)
• Beyond Mediation The Second National Symposium
  on Dispute Resolution (2002)
• Moving Upstream The Third National Symposium on
  Dispute Resolution (2004)
• National Symposium on IEP Facilitation (2005)
• On the Road to Agreement IDEA 04 More The
  Fourth National Symposium on Dispute Resolution
  (2006)

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Major Activities (cont)

• Data
• SPP/APR Analysis
• "Longitudinal DR Database" - Table 4 and
  Table 7 summaries online (5 years of data online)
• DAC
• State-Specific Work
• Dispute Resolution System Integration and
  Performance Enhancement (DR SIPE)
• Looking To The Future
• Exemplar Work

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CADRE Activities Result in

• Earlier dispute resolution
• Vibrant communities of practice
• State dispute resolution system improvement
• Compilation of research and evaluative data
• Information on national dispute resolution use
  and outcomes
• Improved collaboration and dispute resolution
  skills
• Reduced use of adversarial dispute resolution
  processes

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Workshop Objectives

• Participants will gain an awareness of the
  sources and dynamics of conflict, the influence
  of culture and the impact of power in addressing
  conflict.
• Participants will gain awareness of different
  styles for approaching or managing conflict.
• Participants will gain awareness of listening to
  understand as an essential relationship and
  communication skill.
• Participants will gain awareness of the
  difference between positions and interests.

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Workshop Objectives (cont)

• Participants will become more familiar with the
  continuum of special education dispute resolution
  options, including innovative approaches to
  prevention and early resolution.
• Participants will become more aware of skills
  required to promote positive parent-professional
  relationships and increase productive
  communication in IEP meetings
• Participants will become more familiar with
  CADRE, The National Center on Dispute Resolution
  in Special Education.

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Assumptions

• Conflict is a healthy reflection of a diverse and
  changing society
• Most parent/school relationships are or can be
  positive and mutually respectful
• Skills can be acquired and strategies implemented
  that facilitate productive relationships
• Different cultures have differing perspectives on
  conflict and how its most appropriately
  approached
• Workshop participants are already skilled at
  communicating, negotiating and problem-solving

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CONFLICT

• What does the word
• conflict bring to mind?

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Two Definitions of Conflict

• Any situation in which people have apparently
  incompatible interests, goals, principles, or
  feelings . . .
• Expressed or repressed struggle
• Two or more people
• Interdependent relationship
• Strong emotion
• Perceived blockage of needs and/or values

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Costs of Conflict

• Financial costs
• Educational costs takes energy away from
  instruction, can interfere with needed
  consistency
• Human costs stress, burnout, marital discord
• Relationships hurts relationships among people
  who have to work together
• Societal costs parents, families, schools
  divided bad press for special education missed
  opportunities

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Sources of Conflict
Structure
Data
Relationships
Values
Interests
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Types of Conflict

• Relationship Conflicts
• Occur because of repetitive negative
  interactions, misperceptions and stereotypes or
  poor communication
• Often fuel disputes and lead to escalating spiral
  of conflict

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Types of Conflict

• Data Conflicts
• Occur because of lack of information,
  misinformation, disagreement on which data is
  relevant and how to interpret competing
  assessment procedures
• Some data conflicts are unnecessary - caused by
  poor communication others may be genuine
  incompatibilities associated with data
  collection, interpretation or communication

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Types of Conflict

• Interest Conflicts
• Occur when a person believes that in order to
  satisfy his or her needs, the needs and interests
  of another must be sacrificed
• Interest-based conflicts may occur over
• substantive issues (such as money, physical
  resources, time, etc.)
• procedural issues (the way the dispute is to be
  resolved) and/or
• psychological issues (perceptions of trust,
  fairness, desire for participation, respect, etc.)

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Types of Conflict

• Structural Conflicts
• Caused by forces external to the people
• Forces external to the people
• limited physical resources
• authority
• geographic constraints
• time
• organizational changes, etc.

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Types of Conflict

• Value Conflicts
• Value disputes arise when people attempt to force
  one set of values on others or lay claim to
  exclusive value systems that do not allow for
  different beliefs or the perception of same
• Occur around incompatible belief systems
• Often create the most intractable conflicts

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Three Kinds of Interests
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Power vs. Rights vs. Interests
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Cultural Competence Diversity

• Recognize that many people communicate and
  process information differently
• Check-in with yourself, monitor behavior
• Allow time for reflection, dont always fill
  silent spaces
• Engage community leaders and cultural liaisons
• Actions and words dont always have impact we
  intend

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Cultural Awareness
Cultures have different ways of responding to
conflict. Culture shapes status, relationships
and social behaviors with regard to conflict
resolution. Recognize that many people
communicate and process information
differently.
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Cultural Competence

• Strategies to address cultural competency range
  from the policy to the program to the personal
  level.
• Cultural competency is a process,
• not an outcome.

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Moving from Cultural Competence to Cultural
Reciprocity
Do unto others as they would have you do unto
them. You can only practice cultural
reciprocity if you listen with the heartfor the
heartand share your heart.

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Power Imbalances

• Inherent in Conflict
• Actual and perceived power may differ
• Participants may not be equipped or supported to
  participate effectively
• Cultural differences may contribute
• Recognize there are formal and informal forms of
  power

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Addressing Power Imbalances

• Advocacy
• Cultural Competence
• Student Involvement
• Well-facilitated processes and trained
  participants
• Well-built relationships
• Skilled neutral third party helpers

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The Five Conflict Handling Modes
Controlling
Collaborating
Compromising
Accommodating
Avoiding
Source Thomas- Killman Conflict Mode Instrument
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Avoiding

• What is it
• Sidestep, postpone, or withdraw from the issue
  for the present
• When to use it?
• When potential harm outweighs benefits to resolve
• When time is needed to collect information or
  cool down

• What is it
• Sidestep, postpone, or withdraw
• from the issue for the present
• When to use it?
• When potential harm outweighs
• benefits to resolve
• When time is needed to collect
• information or cool down

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Accommodating

• What is it?
• Sacrifice your own personal goals to satisfy the
  concerns of the other(s)
• Yield to another point of view
• When to use it?
• When relationships are most important
• Reach a quick, temporary solution

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Controlling

• What is it?
• Pursue own ends without agreement of others
• Achieving ones goals is paramount
• When to use it?
• When unpopular actions must be implemented
• When dire consequences will be the result of
  inaction

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Compromising

• What is it?
• Quick, mutually acceptable alternatives
• Both parties give up something
• When to use it?
• When two parties of equal power are strongly
  committed to mutually exclusive goals
• To achieve temporary solutions to complex issues

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Collaborating

• What is it?
• Identifying concerns of each person and finding
  alternatives that meet both sets of needs
• Finding a solution that fully satisfies needs and
  concerns of both people
• When to use it?
• When relationships issues are both important
• To gain commitment and acceptance for a
  high-quality decision

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The Five Conflict Handling Modes
Collaborating
Controlling
Compromising
Accommodating
Avoiding
Source Thomas-Killman Conflict Mode Instrument
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Listening
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• Seek first to understand, then to be
  understood.
• Stephen Covey, Habit 5
• Seven Habits of Highly Effective People

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High Risk Responses

1. Ordering
2. Threatening
3. Moralizing
4. Advice
5. Logical Argument
6. Questions

1. Judging
2. Praising
3. Name-Calling
4. Diagnosing
5. Reassuring
6. Diverting

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Certain Responses

• Derail the conversation
• Take the focus off the other person
• Block the other person from finding a solution
• Distance you from the other person
• Diminish the other persons motivation and sense
  of being valued

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TELLING LEARNINGJudgment
CuriosityHubris HumilityPretense
PresenceDismiss Acknowledge

• Two Types of Stances

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Communication Loop
Sender
Receiver
Message
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EARS
The Chinese characters that make up the verb to
listen tell us something about this skill.
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Listening to Understand

• Following the thoughts and feelings of others to
  understand what they are saying from their
  perspective, frame of reference, or point of view.

Dignity and Respect
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Attending Following Skills

• Environment
• Posture
• Contact (distance, eyes, touch)
• Acknowledgment Responses
• Gestures
• Door Opening Questions
• Open-Ended Questions
• Interested Silence

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Responding Skills

• Reflecting Feeling
• Reflecting Content
• Reflecting Meaning (linking feelings and content)
• Validating
• Empathizing
• Clarifying
• Summarizing

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Listening Video

• http//www.directionservice.org/cadre/Listening.cf
  m

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Listening to Understand

• Instruction
• Identify a situation/issue that you have/had
  strong thoughts and feelings about and are
  comfortable sharing here today (pick manageable
  issue).

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Listening is a disciplined skill

• You cant do two things at once if one
• of them is listening well.
• You cant listen if you are trying to
• figure out what to say.
• You cant listen if you are assuming.

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Listening
Listening for the heart with the heart
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• The most cost-effective component of a dispute
  resolution system is listening.
• Mary Rowe
• MIT Ombuds Scholar

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Positions Interests

• http//www.directionservice.org/cadre/understandin
  g_pos.cfm

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Positions Interests
 

• Position
• Specific solution proposed to resolve problem -
  the WHAT
• Interest
• Underlying real need or desire that gives a
  position its life (i.e., beliefs, expectations,
  values, fears, priorities, hopes, concerns)
• - the WHY

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Finding the Interests
Position One persons solution to the problem or situation. Often a self-serving solution
Issue Elements or subject matter of the problem. Elements at issue between the people that must be negotiated in order to reach agreement.
Interest Factors that motivate or drive people to reach agreement and take positions Interests underlie positions in that a persons positions are intended to meet and address their interests (hopes, wants, needs, fears, concerns)
Adapted from Highnam, K. (2001). Interest-based
negotiation, .
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Finding the Interests

• What need is the person taking this position
  attempting to satisfy?
• What is motivating the person?
• What is the person trying to accomplish?
• What is the person afraid will happen if a demand
  is not fulfilled?

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Eliciting Interest Questions

• What would having that do for you?
• What would that mean to you?
• What would be different if you had that?
• "Why is that solution so important for you?
• Why are you suggesting?
• "What if that did/didn't happen?
• How will you be affected by?

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What are the Possible Underlying Interests?

• We dont provide 30 minutes of speech therapy 5
  days a week.
• We want an American Sign Language interpreter in
  that English Lit class.
• I demand an apology now!

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Interest-based Negotiation

• Aims not to change the other person, but to
  change negotiation behavior.
• Shifts from your position versus mine to you
  and I versus the problem.
• Involves a mutual exploration of interests to
  yield more creative options.
• Uses objective criteria.
• Adapted from Highnam, K. (2001). Interest-bassed
  negotiation,
• CCSEA 2001 Fall Conference and AGM. Surry B.C.,
  Canada. CCSEA
• Fisher and Ury, Getting to Yes

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Structure of Problem Solving

• Sharing Information
• Identifying Interests
• Generating Options
• Evaluating Potential Solutions
• Reaching Agreement

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Responding to High Energy People

• Response strategies  
•    Notice and acknowledge background noise and
  capacity
•    Allow self disclosure
•    Limit personal attacks
•    Listening (matching/mirroring energy, giving
  space)
• Understanding before moving forward
• Valuing parents as participants
• Authenticity
•    Asking Questions (shifting from emotions to
  cognition)
•    Other strategies?
•  

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IDEA Dispute Resolution Processes Comparison
Chart
Mediation Due Process Complaint Resolution Process State Complaint
Who can initiate the process? Parent or LEA/Public Agency, but must be voluntary for both Parent or LEA/Public Agency LEA schedules the resolution meeting upon receipt of a due process complaint unless the parties agree to waive or use mediation Any individual or organization, including those from out of state
What is the time limit for filing? None specified 2 years of when the party knew or should have known of the problem (or a State law specified timeline) with limited exceptions Triggered by a parents due process complaint 1 year from the date of the alleged violation
What issues can be resolved? Any matter under part 300, including matters arising prior to the filing of a due process complaint (there are exceptions) Any matter relating to the identification, evaluation or educational placement or provision of a free appropriate public education (there are exceptions) Same as the issues raised in the parents due process complaint Alleged violations of Part B of IDEA of Part 300
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IDEA Dispute Resolution Processes Comparison
Chart
Mediation Due Process Complaint Resolution Process State Complaint
What is the timeline for resolving the issues? None specified 45 days from the end of the resolution period unless specific extensions to the timeline are granted. LEA must convene a resolution meeting within 15 days of receipt of the parents due process complaint, unless the parties agree in writing to waive the meeting or agree to use mediation. Resolution period is 30 days from receipt of the parents due process complaint unless the parties agree otherwise or the parent or LEA fails to participate in the resolution meeting or the LEA fails to convene the resolution meeting within 15 days of receipt of the parents due process complaint 60 days from receipt of the complaint unless an extension is permitted.
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IDEA Dispute Resolution Processes Comparison
Chart
Mediation Due Process Complaint Resolution Process State Complaint
Who resolves the issue? Parent and LEA/Public Agency with a mediator The process is voluntary and both parties must agree to any resolution Hearing Officer Parent and LEA/Public Agency Both parties must agree to any resolution SEA
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Purpose ofFacilitated IEP Meetings

• To improve the process of the IEP meeting in
  order to achieve an IEP that is in the best
  interest of the student.

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What Is a Facilitated Meeting?

• A facilitated IEP meeting uses a trained, neutral
  third party to guide the meeting. This person is
  responsible for the process of the meeting not
  the outcome. The facilitator encourages full
  participation, promotes mutual understanding and
  cultivates shared responsibility.
• Facilitators Guide to Participatory
  Decision-Making by Sam Kaner, page 32

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Role of Facilitator

• Guides the group through the process
• Encourages participation by everyone in the group
• Keeps the group focused on the issues - not on
  personalities
• Seeks clarity on issues
• Avoids expressing views or solutions
• Facilitates problem solving and completion of the
  task

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You Should Have A Facilitator When

• There is a history of difficult meetings, bad
  relationships, or unresolved differences.
• You know the group will face difficult decisions.
  
• One team member is requesting outside assistance.
  
• There will be a great amount of new information
  presented or it is an initial IEP meeting.

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You Should Not Be the Facilitator When

• You have to play a dual role Facilitator/Leader
  or Facilitator/Expert.
• You have a close, personal relationship or a
  negative personal history with a key participant.
• You know you are biased.
• You are uncomfortable dealing with emotions and
  you suspect the meeting will be emotional.

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Internal vs. External Facilitators

• Advantages
• Disadvantages

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Other Roles
Timekeeper Communicates time frames Recorder
Documents discussions decisions (minutes)
collects additional handouts for the file
submits minutes to appropriate source IEP
Writer Focuses on capturing the groups
decisions recording it on the IEP form
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IEP Meeting Preparation

• Purpose
• Plan
• Participation
• Process
• Parking Lot

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Parent Contact Checklist

• What to anticipate during the IEP meeting.
• Do you have issues outside the scope of the IEP
  that you would like to include in the agenda?
• Do you have any information (evaluations, etc.)
  you would like the other members of the team to
  review before the meeting?
• What is your time allotment for the meeting?
• Explain role of facilitator.
• Is there anyone you would like to bring with you
  to the meeting?
• Will the student participate? (as appropriate)
• Do you need special accommodations?

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Teacher Contact Checklist

• What to anticipate during the IEP meeting.
• Explain role of facilitator.
• What is your time allotment for the meeting?
• Are there areas you want to emphasize within the
  IEP?
• Are there issues that may be new information or
  hot topics to the parent?
• Do you have any personal concerns regarding the
  child, parent, or meeting?

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IEP Meeting Set-Up

• Appropriate school records
• Paperwork IEP, blank copies, minutes
• Name cards
• Food, water, cups, tissues
• Extra paper and pens
• Someone to greet participants
• Flip chart, markers, tape

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Qualities of an Effective Facilitator

• Big Ears
• To listen to what is being said and what is
  between the words, to hear the foundation of
  consensus being built even before the group can
  hear it
• Clear eyes
• To read body language and other visual cues the
  group is offering
• Small mouth
• To keep your opinions about the content to
  yourself (if that is your only role)
• Strong Heart
• To have concern that each person be treated
  with respect, and to have compassion for the
  challenge of people working together

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Building an Agenda

• The agenda specifies the action items the team
  must address.
• The parent and school jointly develop the agenda
  or facilitator proposes.
• Agenda is reviewed at the start of the meeting.
• Each participant is invited to add to the agenda.
• Discuss and agree upon priorities, time limits.
• Elicit group expectations.

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Managing the Meeting

• Set and stick with beginning and ending times
• Work through the agenda priorities
• Evaluations, Eligibility, IEP, Placement
• Table issues that cannot be resolved
• Refocus, restate, reflect, redirect
• Return to unresolved issues
• Agree to disagree

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Decision Making

• Groups need decision making processes to
• achieve results and create action plans
• Voting
• Straw Polls
• Consensus

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Consensus

• Define Consensus. What is it? How do you get
  it?
• All people who have a stake in an issue work
  together toward common understanding agreement
  that satisfies all their interests.
• Consensus is not compromise.
• Consensus - a decision making process to develop
  unanimous acceptance of a proposal
• Acceptance can range from minimal tolerance to
  enthusiastic support
• No member finds the decision egregious or
  unacceptable

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Consensus Building Method

• Clearly state a proposal
• Verify that everyone understands proposal
• Determine support for proposal
• Round robin - solicit opinions from members
• Thumbs up, down, or sideways
• Five fingers - 1 finger unacceptable, 5 fingers
  highly support, fist veto
• Modify proposal until consensus is reached or
  consensus to table and move on

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Consensus Building Exercise

• Each table is a family
• Select appropriate roles parents, teens,
  children, infants, grandparents, etc.
• As a family, you need to decide where youll
  spend your vacation.
• You have 7 days for vacation
• The family must travel together and participate
  in all activities
• You have a budget of 5,000

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Difficult Dynamics Found Within Groups

• Domination by a highly verbal member
• Low participation by the entire group
• Two people locking horns
• Someone becomes repetitive
• Failure to start and end on time
• Distractions and interruptions
• The group gets stuck

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Positive Parent-Professional Relationships

• What educators can do
• Keep promises and ensure confidentiality
• Be hopeful and honest
• Help parents identify strengths and choices
• Model problem-solving skills
• View parents as equal partners
• Support parents as childs best advocates
• Value point of view and preferences of family

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Positive Parent-Professional Relationships

• What parents can do
• Reinforce at home what your child is learning at
  school follow through on your commitments
• Be honest about what you dont understand and
  what you need to know
• Recognize professionals commitment and expertise
  and thank them when they are helpful
• Recognize that they are often limited by the
  systems in which they work
• Commit to working to find solutions to
  disagreements

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Educating Our Children Together A Sourcebook
for Effective Family-School-Community
Partnerships
Strategy 1 Creating a family -friendly school
environment Strategy 2. Building a support
infrastructure Strategy 3. Encouraging family
involvement Strategy 4. Developing
family-friendly communication Strategy 5.
Supporting family involvement on the home
front Strategy 6. Supporting education
opportunities for families Strategy 7. Creating
family-school-community partnerships Strategy 8.
Preparing educators to work with families
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What did I hear? What does it mean to me?

• Things I want to remember
• Questions I have
• What does this mean to students?

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Some material from this PowerPoint
presentation was developed by CADRE
Partners, including Greg Abell Tim
Hedeen Michael Opuda IDEA Partnership DR
Workgroup DR Institute at Univ. of
Delaware ALLIANCE of Parent Centers WI Special Ed
Mediation System