Communication and Conflict Management in Special Education

1
Communication and Conflict Management in
Special Education

• DoDEA Center for Early Dispute Resolution
• Vicenza, Italy
• September 28-29, 2010
• Anita Engiles, Dispute Resolution Specialist,
  CADRE
• Leila Peterson, Executive Director, SchoolTalk

2
CADRE 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

3
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 (English
  Spanish), Understanding Interests (English
  Spanish), Tale of Two Conversations and Study
  Guide

4
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)

5
Major Activities (cont.)

• Data
• SPP/APR Analysis
• "Longitudinal DR Database" - Table 4 and
  Table 7 summaries online (5 years of data online)
• 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

7
Workshop Objectives

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

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Workshop Objectives (cont.)

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

9
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
• Culture influences an individuals perspective 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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Sources of Conflict
Structure
Data
Relationships
Values
Interests
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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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Types of Conflict

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

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Types of Conflict

• Data Conflicts
• Occur because of disagreements related to data
  collection, interpretation or evaluation
• lack of information
• misinformation
• disagreement on which data is relevant
• how to interpret competing assessment procedures

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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
• limited physical resources
• authority
• geographic constraints
• time
• organizational changes, etc.

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Types of Conflict

• Value Conflicts
• Occur 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
• Occur when belief systems are perceived to be
  incompatible
• Often create the most intractable conflicts

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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

22
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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What are Your Values?
Physical Challenge Personal Development
Precision Work Pressure Power/Authority
Quality Recognition Respect Reputation Security
Spirituality Stability Status Time
Freedom Tradition Trust Work Alone Work
w/Others _____________ _____________
Achievement Advancement/Promotion Adventure
Affiliation Balance Challenging Problems
Change/Variety Close Relationships Community Comp
etence Competition Cooperation Creativity Decis
iveness Economic security Effectiveness
Efficiency Ethical practice Excellence Excitement

Fame Family Fast Pace Flexibility Freedom Friend
ship Fun Growth Health Helping Others High
Earnings Integrity Independence
Involvement/participation Job Tranquility
Knowledge Loyalty Meaningful work Money Order
(stability)
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Shared Values
What are your personal values? (Practiced)

Put your 5 values in ranked order
List two behaviors that exhibit each value

• ________________ _______________________________
  
• _______________________________
• 2. ________________ ____________________________
  ___
• _______________________________
• 3. ________________ ____________________________
  ___
• _______________________________
• ________________ _______________________________
  
• _______________________________
• 5. ________________ ____________________________
  ___
• _______________________________

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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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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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Communication Loop
Sender
Receiver
Message
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What Contributes to the Meaning of What We Hear?

• Intonation, Inflection, Volume, Speed, and
  Vocabulary ____
• Appearance, Posture, Gestures, Clothing,
  Surroundings
• ____
• Verbal ____

38 55 7
From Listening to People, Harvard Business
Review
38
EARS
The Chinese characters that make up the verb to
listen tell us something about this skill.
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TELLING LEARNINGJudgment
CuriosityHubris HumilityPretense
PresenceDismiss Acknowledge

• Two Types of Stances

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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

42
Listening to Understand

• Reflect Back
• Feeling
• Content
• Meaning-Values

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Three-part Listening

• This is a communication exercise to practice
  separating out the content (facts or thoughts),
  the feelings and the values.
• Directions
• Divide into groups of 4.
• Choose one person to begin talking.
• The second person listens carefully for content
  information (facts and thoughts).
• The third person listens for feelings-both spoken
  and underlying.
• The fourth person listens for the values
  expressed by the speaker.
• The speaker should talk for about 1-2 minutes.
  Then the three listeners, one at a time,
  paraphrase what they heard.
• Repeat this process with different speakers and
  different listening roles.

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

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Listening Video

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

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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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(No Transcript)
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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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Questions to Elicit Interests

• 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 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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(No Transcript)
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Power, Rights and Interests
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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

57
Facets of Conflict
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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

• Attending Strategies
• Responding Strategies

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Structure of Problem Solving

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

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Brainstorming

• Develop as many options as possible
• Thinking of an option does not mean committing to
  it
• No evaluation of options
• All ideas are welcome

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Techniques for Generating Options

• Focus on specific interests
• Assess needed information
• Turn complaints into options
• Encourage behavioral options
• Shift perspectives
• Let there be silence

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Structure of Problem Solving

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

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Evaluating Potential Solutions

• Establish objective criteria
• Compare solution to criteria
• Is this option acceptable to all?
• How realistic is this?
• What obstacles exist?

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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-based
  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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Make a Plan

• Be specific
• Who? What? When? Where? How?
• What if? (contingency plans)

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Satisfaction Triangle
PROCESS
EMOTION
SUBSTANCE
Effective conflict resolution meets the needs,
expectations of the people involved in three
important aspects.
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What Is a Facilitated IEP 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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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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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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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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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

80
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 for the students
• I work with?

84
Developed by CADRE (the National Center
for Appropriate Dispute Resolution in Special
Education), in association with Leila Peterson
and CEDR (DoDEAs Center for Early Dispute
Resolution)