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How to Think (and Act) Like a Mediator as Special Education Director Designee Michael J Maday MSW

How to Think (and Act) Like a Mediator as Special Education Director Designee Michael J Maday MSW. Participant Conflict Experiences. Describe a recent conflict related to the IEP process Describe your role Skill/technique used to resolve the conflict Positive/negative experience?.

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How to Think (and Act) Like a Mediator as Special Education Director Designee Michael J Maday MSW

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  1. How to Think (and Act) Like a Mediator as Special Education Director DesigneeMichael J Maday MSW

  2. Participant Conflict Experiences • Describe a recent conflict related to the IEP process • Describe your role • Skill/technique used to resolve the conflict • Positive/negative experience?

  3. “Conflict has the two aspects of fire, that of burning and that of giving light.” C.G. Jung “You can’t start a fire without a spark.” B. Springsteen

  4. Thinking Like a Mediator • Conflict is neither good nor bad

  5. Importance of Mediation Skills for Special Education Director Designees • Director Designees are often in mediator role • Empowers members of the IEP team • Gives responsibility to members of IEP team • Improves relationships between educators, parents, students, advocates, providers • Improves educational services for students • Saves money • Teaches productive conflict resolution skills • Expands value of Director Designees

  6. Negotiation Arbitration Mediation

  7. Mediation “Mediation is the intervention in a dispute…by a mutually acceptable, impartial and neutral third party, who has no authoritative decision making power, to assist disputing parties to voluntarily reach their own mutually acceptable settlement.” Christopher Moore

  8. Thinking Like a Mediator • Conflict is neither good nor bad • Neutrality is powerful

  9. Advantages of a Mediation Approach • Quicker, cheaper than litigation or stalemate • All parties have input • Power imbalances are addressed • Creative thinking is encouraged • All types of interests can be addressed • Parties have ownership of solutions • Solutions are tailored to needs of the parties • Solutions are longer lasting

  10. Thinking Like a Mediator • Conflict is neither good nor bad • Neutrality is powerful • All points of view must be heard

  11. “Every fight is on some level a fight between different angles of vision, illuminating the same truth.” M. Gandhi

  12. Thinking Like a Mediator • Conflict is neither good nor bad • Neutrality is powerful • All points of view must be heard • Good communication is essential • Soft on the person, hard on the problem

  13. Thinking Like a Mediator • Conflict is neither good nor bad • Neutrality is powerful • All points of view must be heard • Good communication is essential • Hard on the problem, soft on the person • Resolution is important • Resolutions consider three types of interests

  14. Interest:Important want, need, desire that must be satisfied in a good resolution Position:One way to solve a problem Interests and Positions

  15. Types of Interests Substantive Procedural Psychological and Relationship

  16. Thinking Like a Mediator • Conflict is neither good nor bad • Neutrality is powerful • All points of view must be heard • Good communication is essential • Hard on the problem, soft on the person • Resolution is important • Resolutions consider three types of interests • Focus on educational needs of student • Shadow of the future is important • Resolutions are specific and realistic

  17. Role Differences for Special Education Director Designees as Mediators • Natural role, not an outsider • Not a disinterested party • Not neutral • Quickly involved • Has significant substantive, procedural and relationship knowledge • Has a history with parties • May have some decision making authority

  18. IEP Meeting Participants • Parent • Regular Education Teacher • Special Education Provider(s) • Student • Principal • Advocate • School Psychologist/Social Worker • Special Education Supervisor/Director

  19. Acting Like a Mediator • Act neutrally within your role constraints • Establish/maintain orderly, relaxed process • Actively listen, facilitate communication • Keep focus on student needs • Push for resolution • Reality test • Anticipate the future • Specify/document the resolution

  20. Applying Mediation Skills • Use skills during the IEP meeting • Use skills outside the IEP meeting • In team negotiation (pre-conferences) • Discussion about who can best facilitate a meeting and who should attend • Ask for help when needed • Assure decision makers are present • Information and training • CADRE/Briefing Paper: Beyond Mediation • ACR • RRC: Special Educator as Negotiator/ Mediator • Other resources (ie. community mediation centers, RJ programs, etc)

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