Collaborative Policy Development

CADRE Dispute Resolution Conference

Janice LaChance – Maine Parent Federation

Ann Nunery - Maine Administrators of Services for Children with Disabilities

Michael J. Opuda - Northeast Regional Resource Center

Welcome - Dispute Resolution Stakeholders

Our charge:Develop consensus for consideration by the Dept. of Ed.Issues for discussion:Mandatory mediationBarring attorneys from mediationsLabel for Serious Emotional

Disturbance

Agenda

Welcome & Orientation

Review ground rules

Collaborative policy development

Consensus building

Policy Development Activity

Feedback / Reflections

Ice Breaker

Turn to the person next to you.

Identify the role you’ve been assigned for this activity

Identify who you really are

Why are you here?

What do you want to learn today?

Report out

Purpose of this Stakeholders’ Meeting

To identify policy options

To identify significant issues of concern to stakeholders

To develop consensus on policy recommendations for the Department’s consideration

Objectives

Improve understanding of diverse perspectives regarding the issues

Open, honest discussion of the issues

Identification of policy options based upon group consensus

Have some fun

Ground RulesAgree to commit to entire meeting

Work collaboratively to develop consensus

Be respectful of diverse opinions

Express alternatives

Avoid side conversations

Others?

What is Collaborative Policy Development?

A Consensus based decision-making

process

Collaboration among interested parties

Shared vision, goals, outcomes /

diverse interests

Alternative to traditional policy

development process

Typical Rulemaking Process

Development proposed rule

Notice of proposed rule

Public hearing

Public comment period

Review, summarize & respond to comments

Final regulations adopted

Why do we have regulations?

Builds on federal law, federal

regulations and state law.

Recognizes the regime values of

Congress and the state legislature.

Clarifies legal obligations and terms.

Why do we have regulations?

Establishes state policy.

Sets standards for performance.

Provides fair notice of obligations.

Problems with Traditional Policy Development

Accommodation / Compromise

Reactive process

Abstract policies

Top down decision making

Iron Triangles / Favored Voices

Collaborative Policy Development Characteristics

All groups with a stake voluntarily

agree to participate

There is direct, face-to-face interaction

Decisions are made by consensus

The group determines process and

outcomes

Collaborative Policy Development - Benefits

Focuses resources / sets priorities

Ensures policies reflective of stakeholders

Fosters creativity

Facilitates regulatory process

Increases credibility, legitimacy, and trust

Collaborative Policy Development - Problems / Concerns

Contrary to traditional policy process

Stakeholders may decline to participate

Process is time-consuming

Requires tough decisions be made

Consensus is not always achievable

Collaborative Policy Development - Summary

Acknowledges & values differences

Provides context for decision-making

Cooperatively seeks common ground

Develops consensus

Welcomes diverse perspectives

Consensus

Unanimity based upon accepted criteria, e.g. “something you could live with.”

Responsive to minority concerns Generates individual commitmentTime consumingVeto-able

Consensus Building Methods

Round robin - solicit opinions from members

Thumbs up, down, or sideways Five fingers method - fist = veto, 1

finger = highly unacceptable, 5 fingers = highly support

Reaching Consensus

Take easier issues first

Use active listening

Talk with each other

Park controversial issues

Identify acceptable alternatives

Decision Making

How will the group determine

consensus?Thumbs up / down

What standard for consensus will

the group adopt?Acceptable / Live with it

What are the issues?

Should Attorneys be barred from

participating in Mediations?

Should mediation be required prior to

requesting a hearing?

Should the term “Serious Emotional

Disturbance” be changed to

“Emotional / Behavior Disorder?”

Topical Discussion Process

We will address one topic (mediation, attorneys, or SED label).

Consensus on topic?

Individually – respond to the 3 questions for the selected topic

Move to your color coded small group

Topical Discussion Process

Break into one of three / four subgroupsSelect recorder, timekeeper, facilitator

Individually - share your responses to the 3 questions w/ the small group

As small group – Discuss concerns / issues and solutions

Report to large group on concerns, solutions

Should Attorneys be Barred from Participating in Mediations?

Will this benefit Children, Parents & Schools?

Will this impose additional burdens upon Children, Parents, & Schools?

Will this improve parent / school relationships?

Should mediation be required prior to requesting a hearing?

Will this benefit Children, Parents & Schools?

Will this impose additional burdens upon Children, Parents, & Schools?

Will this improve parent / school relationships?

Change “Serious Emotional Disturbance” to “Emotional / Behavior

Disorder?”

Will this benefit Children, Parents & Schools?

Will this impose additional burdens upon Children, Parents, & Schools?

Will this improve parent / school relationships?

Barring Attorneys at Mediations

Require mediation

Change category from SED to E/BD

Reflections

What are the prerequisite conditions for successful collaboration?

Who should represent your organization?

Unintended consequences?

Further Questions / Comments?