1

WISCONSIN SPECIAL EDUCATION MEDIATION

1

Agenda

• WSEMS Overview

• What happens before the Mediation?

• What Happens in Mediation?

• What happens after the Mediation?

• System Outcomes

• System Outreach

• Q&A2

Introduction to WSEMS

3

1

2

3

2

WSEMS IntroFunded by WDPI since 1996

Nationally-recognized Exemplar System

Partner team:• Courtney Salzer, WI FACETS Exec. Dir.• Nissan Bar-Lev, CESA 7 Special Ed. Director• Michael Rust, CEO Winnebago Conflict

Resolution Center

WSEMS staff• Gia Pionek, Intake Coordinator

• Nelsinia Ramos, WI FACETS Leadership Coordinator & WSEMS Latino Outreach Specialist

4

http://www.directionservice.org/cadre/pdf/Profile%20Wisconsin.pdf

5

WSEMS Dispute Resolution Options

FacilitatedIEP

Mediation

ResolutionMeeting

WSEMS Intake Process

4

5

6

3

• IDEA 2004 Regulations - 34 CFR 300.506

• WI Statutes – 115.797, 802.12, and 904.085

---------------------------------------------------

• Option for early conflict resolution

• Trained, impartial professional (mediator) helps parties reach their own agreement

• Confidential

• Free

WSEMS Mediation

Before the Mediation

8

• When you need help to settle a specific dispute, prior communication has not been productive, or an impasse has been reached.

• Other reasons to request mediation:The possibility of creative, flexible solutionsForward-looking process (focus on the future)Cost savingsThe parties are the decision makersThe chance to preserve a good relationshipsThe focus on the needs of the studentForming a collaborative partnershipVoluntary and confidential

When to Request Mediation

7

8

9

4

• A referral for special education must have been made.

• As defined under both federal and state law, issues may include evaluation, placement, disability identification, IEP, provision of FAPE.

10

• Written requestoJoint or single requestoBriefly describe disputeoSign/fax/mail/email to

WSEMS office• Voluntary by both district

and parents• Agree on a Mediator

Mediation Request

WSEMS Roster / Selection

• 16+ Neutrals

• Impartiality

• Professional diversity

• Training

• Used for both mediation & facilitation• Either party can nominate a mediator• Both parties need to agree. If do not agree,

Gia Pionek works with parties to match a mediator to their case.

http://www.wsems.us/mediators/

10

11

12

5

• Scheduling• Within 21 days mediation will be

scheduled• Mediator arranges mediation• Average mediation is 4 hours but

may be longer• Mediation participants

• Parents/competent adult student• School reps (1 can be attorney)• Parties must agree on any others

Scheduling & Participants

The Mediation Session

14

Mediator’s Role• Schedule the Mediation

• Help parties confirm who will participate

• Helps parties understand what to expect in the session

• Facilitate and structure the discussion between parties

• Does not give legal advice

• Not a decision-maker

• Help parties reach agreement

15

13

14

15

6

• The mediation process is informal – sometimes parties

meet together and sometimes separately with the mediator.

• Mediator explains and all sign Agreement to Mediate

• Mediator explains mediation process and mediator’s role.

• Participants explain why they are there and what they would

like to see happen.

• Mediator may ask questions to clarify or to help create

options.

• No audio, video or written record of the session

What Do We Do in Mediation?

At the Mediation Session - Continued

• Anyone may ask the mediator for a break at anytime, or the mediator may decide to call for a break.

• The focus is on resolving issues and deciding on goals for the future, not finding who is to blame.

• The focus is on future not past (goals not blame)

• The goal is to set collaborative tone

Facilitating Communication• The goal is to be understood & to understand.• Express yourself clearly. • If a party is having difficulty expressing

themselves, they may wish to have a separate session with the mediator. He or she can help the party frame ideas in a way that the other parties can hear them.

• Listen attentively to the other parties. Seek to understand their issues and their interests.

16

17

18

7

Facilitating Negotiation• The goal is to be innovative and flexible.

• Bring multiple ideas to the table and be open to multiple solutions.

• The mediator helps parties talk about all the options.

• Visualize working together on the problem, Becoming positional and competitive may create positional and competitive bargaining on the other side.

• Be aware of the realistic alternatives if the issues can not be resolved in mediation.

Effective Participation in Mediation & IEP Facilitation

Nina Meierding, Former WSEMS Mediation Partner

20

http://www.wsems.us/multimedia/training-videos/

Mediation Agreement• Parties work together to write the Mediation Agreement

(details of how they decided to resolve their dispute)Important to be very specific

Indicate whether other pending processes (DPH, IDEA or OCR complaint, litigation) are withdrawn

Include a provision to come back to mediation if needed

Mandatory language – all discussions during mediation are confidential and may not be used as evidence in any hearing or civil proceeding

How plan to share information

• Mediator can help draft the agreement

• Just the parties sign (can have lawyer review 1st – own expense)

• Copies of Agreement are received only by the parties

19

20

21

8

After the Mediation

22

Can WSEMS Enforce the Agreement?

• WSEMS is not an enforcement agency, nor do we keep a copy of the mediation agreement reached by the parties.

• Parties may always return to mediation if there are concerns about follow through with the agreement or if new issues arise.

SYSTEM Outcomes

24

22

23

24

9

Survey • All participants are asked to complete a confidential

survey about the session

• The survey helps WSEMS measure the system’s effectiveness

Satisfaction with Mediation

26

• Satisfied with mediation processo 2000-18 90% (n=2,829/2,834)

• Would use mediation againo 2000-18 91% (n=2,827/2,834)

• Would use same mediator againo 2000-18 90% (n=2,824/2,834)

• Rate of written agreements

o 2000-18 90% (n=2,389/2,834)

• Ave. number of sessions per caseo 2000-18 1.4 (n=996)

• Ave. length of a mediation sessiono 2000-18 4.1 hours (n=974)

SYSTEM OUTREACH

27

25

26

27

10

• Website

• Training

• Dissemination of System Materials

• en Español

• Target audiences:

parents & school

professionals

Outreach

Wed., December 12, 2012

28http://wsems.us/

Summary• Mediation is a participatory process that has

flexibility in both process and outcome.

• Mediation helps create agreements that work for all parties and thereby have a greater chance for durability.

• Mediation encourages collaboration and the importance of a good working relationship between all parties for the best interest of the child.

Q&A &Evaluation

30

28

29

30