CADRE Resources
Appendices
APPENDIX A: Job Descriptions
APPENDIX B: Direction Service Conciliation Project Satisfaction Survey
APPENDIX C: Forms
Agreement to Mediate in Conciliation Session / Agreement to Confidentiality
Authorization for Release and Exchange of Information
Special Note: The IDEA '97 regulations are very specific that the mediation states must offer when a due process hearing has been requested is to be conducted by a single mediator. Team conciliation is offered not as a process that satisfies these requirements but rather as one of many options that may be useful, in addition to those that are legally required, when parents and educators disagree. Conciliation may be of particular value when those disagreements include issues of culture, gender or class bias. Additional information on this article is available from CADRE Director, Marshall Peter and Mediation Specialist, Anita Engiles.
Main Text
APPENDIX A: Job Descriptions
Functions:
* Convene conciliation teams
* Make all logistical arrangements (time and date, location, accessibility, attendance, equipment)
* Act as contact person for team members and disputants
* Be present to greet and welcome the parties when they arrive
* Contact parties at the time set to see if agreement has been followed
* Re-convene team if needed and desired by the parties
Knowledge:
* Understanding of the conciliation process
* Familiarity with potential conciliators' skills, styles and other personal characteristics
Skills:
* Ability to select among available conciliators to create a balanced and effective team which can assist parties to work constructively together and also provide opportunities for mutual support and learning among the team members
* Ability to manage the details of scheduling the attendance of the parties and team members
Experience:
* Any combination of life and work experience which results in the abilities and knowledge listed above
* Conciliation training and experience as a team conciliator would be helpful
CASE DEVELOPER
Functions:
* Contact each party
* Educate parties about the conciliation process
--describe the team and the process
--explain role of conciliators and parties
--identify limitations as well as benefits of conciliation
--model the skills used in conciliation during interactions with the parties
* Ascertain whether problem is appropriate for conciliation
* Determine the appropriate parties to participate in conciliation
* If problem is appropriate for conciliation, encourage and support each party to use the process before proceeding to due process or litigation
* Gain commitment of each party to participate in conciliation
* Make referrals to other resources if needed
* Provide information about the parties and the problem to the team prior to the conciliation session
Knowledge:
* Understanding of the conciliation process
* Understanding of the options which parties have for resolving the problem
* Understanding of the various ways that people respond to conflict
* Awareness of own responses to conflict
Skills:
* Active listening skills
* Ability to communicate effectively with people who are very angry, hostile, belligerent, distrustful, discouraged
* Ability to gain trust of parties
* Ability to determine what the problem is
* Ability to assist parties to evaluate their goals and their options for achieving them to determine whether conciliation is an appropriate process for them
Experience:
* Any combination of life and work experience which results in the abilities and knowledge listed above, especially interviewing and working with people in crisis
* Conciliation training and experience as a team conciliator would be helpful
APPENDIX B: Direction Service Conciliation Project Satisfaction Survey
Case #_________________
Direction Service Conciliation Project
SATISFACTION SURVEY
Your answers to these questions will help us improve services offered by this Project. All information which you give us is confidential. Thank you for taking the time to give us your responses.
We are interested in knowing how satisfied you are with the way things were done. Mark your responses to the following questions:
1. How satisfied were you with your involvement in choosing where the meeting was held?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
2. How satisfied were you with your involvement in choosing when the meeting was held?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
3. How satisfied were you with the length of the meeting?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
4. How satisfied were you with the process used to determine who could attend the meeting?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
5. How satisfied were you with the structure of the meeting?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
6. How satisfied were you with the rules about confidentiality?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
7. How satisfied were you with the rules of courtesy and expected and acceptable behaviors?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
8. How satisfied were you with any decisions to postpone issues for later conciliation or other intervention?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
9. How satisfied were you with the number of team members?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
10. How satisfied were you with the team members' ability to manage the process?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
11. How satisfied were you with the team members' ability to deal with the issues?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
12. How satisfied were you overall with the conciliation process?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
Please give any suggestions you have for improving the process.
If you did not reach any agreement, please go to the next page.
If you did reach an agreement we are interested in knowing how satisfied you are with the agreement. Mark your responses to the following questions:
13. How clear and understandable is the agreement?
Completely Unclear
Mostly Unclear
Mostly Clear
Completely Clear
14. How fair is the agreement?
Completely Unfair
Mostly Unfair
Mostly Fair
Completely Fair
15. How practical is the agreement?
Completely Impractical
Mostly Impractical
Mostly Practical
Completely Practical
16. How satisfied are you with the timetable for carrying out the agreement?
Completely Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
17. To what extent were the agreements reached acceptable to you?
Completely Unacceptable
Mostly Unacceptable
Mostly Acceptable
Completely
Acceptable
18. How sure are you that you will follow the agreement?
Completely Unsure
Mostly Unsure
Mostly Sure
Completely Sure
19. How sure are you that the other party will follow the agreement?
Completely Unsure
Mostly Unsure
Mostly Sure
Completely Sure
We are interested in knowing about your experience of the process. Mark your responses to the following questions:
20. How able were you to say what was important to you?
Completely Unable
Mostly Unable
Mostly Able
Completely Able
21. How well did the team members understand what was important to you?
No Understanding
Little Understanding
Moderate Understanding
Complete Understanding
22. How well did the other party understand what was important to you?
No Understanding
Little Understanding
Moderate Understanding
Complete Understanding
23. How satisfied were you with the team members' ability to help others understand what was important to you?
Completely
Dissatisfied
Mostly Dissatisfied Mostly Satisfied
Completely Satisfied
24. To what extent do you have a better understanding of what was important to the other party?
No Understanding
Little Understanding
Moderate Understanding
Complete
Understanding
25. How much do you feel you contributed to the resolution of the conflict?
No Contribution
Little Contribution
Moderate Contribution
Large Contribution
26. How much do you feel the other party contributed to the resolution of the conflict?
No Contribution
Little Contribution
Moderate Contribution
Large Contribution
27. How satisfied were you with the fairness of the team?
Completely
Dissatisfied
Mostly Dissatisfied
Mostly Satisfied
Completely Satisfied
28. If another conflict occurs I would use this process again.
Disagree Completely
Mostly Disagree
Mostly Agree
Completely Agree
29. I would recommend this process to others.
No
Probably Not Probably
Yes
30. To what extent have your issues in the dispute been resolved?
Completely Unresolved
Mostly Unresolved
Mostly Resolved
Completely Resolved
31. The conciliation ended the way it did because: (check up to 5 most important factors)
______of my own persistence______I changed my position
______of the skill of the conciliators
______the other party changed their position
______of the persistence of the conciliators
______neither party was willing to change their position
______of good faith efforts by both parties
______I would not change my position
______communication was improved
______the other party would not change their position
______both parties compromised
______other______________________________________
32. What are your ideas and/or feelings about conciliation after this special education conciliation?
(check all that apply)
______Better than I thought______Worse than I thought
______Easier than I thought
______Harder than I thought
______Different than I thought
______Similar to what I thought
______More complicated than I thought
______Simpler than I thought
______Other______________________________________
Thank you for your time. Please comment on anything else about the process or outcome you would like us to know.
APPENDIX C: Forms
Case #_________________
I agree to attend a conciliation meeting that is scheduled at a time and on a date I agree to. If I have an emergency that will stop me from attending, I agree to contact the person scheduling the conciliation as soon as possible.
I understand that the conciliation process is voluntary and confidential. Voluntary means that anyone can leave the conciliation at any time and not continue the meeting. Confidential means that any information which I share in the conciliation will not be shared with anyone else without my permission. I agree not to share anything anyone else shares in the conciliation without their permission. I understand that the conciliators will refuse to provide any materials or to testify concerning any of our discussions in any hearing or court proceeding.
I understand that the conciliation process is not the same as having a due process hearing or going to court. I understand that the conciliators will not make decisions for me or for anyone else in the conciliation. I agree to work hard to resolve the concerns that I am bringing to conciliation. I also understand that there are no guarantees; even if I work hard, there will be no agreement unless everyone agrees.
I understand that if I want to stop the conciliation or if I am not satisfied at the end of the conciliation, I can still request a due process hearing or any other legal process I wish.
______________________________________
Signature Date
______________________________________
Name (please print)
______________________________________
Case Developer signature
Case # __________________
Date__________________________
TO: ________________________________________________
________________________________________________
________________________________________________
This is to authorize the release and exchange of pertinent information and records concerning:
Name: _______________________________________________ DOB:
__________________
Parent/Guardian: ________________________________________________
In order to help resolve conflicts and/or problems relating to delivery of services to my child, I hereby authorize you to share information with Lane County Direction Service. This authorizes the exchange of past, current, and future records and information regarding this client until the expiration date of __________________________________________. I realize that I have a legal right to terminate the conditions of this authorization at any time.
______________________________________ __________________________
Signature of Client or Parent/Guardian if minor Date Signed
______________________________________
Name of Client or Parent/Guardian (please print)
______________________________________
Signature of Case Developer
Collection of confidential information regarding Direction Service clients is authorized by
Public Law 91-230, 44 U.S.C. 3103.
You are invited to take part in a research project about improving the delivery of services to children and young adults with disabilities and helping assure their involvement in appropriate educational programs. The project is striving to resolve individual and systemic problems enabling children with physical, mental, emotional, or learning disabilities and their families to receive the services they need. The purpose of our study is to examine the effectiveness of the Conciliation Project, not to study the families who receive assistance. The research project is part of a study being conducted by Marshall Peter, Anita Engiles, Bonnie Todis, and Susan Baxter Quash-Mah at Direction Service.
You can choose whether you want to be part of the research project. As part of our research, we will ask you to share with us your impressions of the service and how it might be improved. Whether you decide to be a part of the research project or decide, now or in the future, not to participate, you will be provided the assistance and services offered by the project. If you do decide to be part of the project and you start to feel uncomfortable, you can stop at any time.
One reason you may not want to be in the research project is that you might feel uncomfortable talking about personal experiences when you know that information may be shared with other members of the research team. You might be concerned that someone who was not a part of the research team would find out what you said and felt. To make sure this does not happen, we will train everyone in the project not to talk about anything they learn from interviews or file information with anyone outside of the project. Another way we will protect your privacy is by assigning you a number for research purposes, so no one who is not part of the research team will know who said what. You may ask at any time to see the material in your file and to have comments taken out.
It is our strong belief that families will benefit from being involved with the Conciliation Project. However, allowing the project to provide assistance might cause your situation to get worse rather than better. If you have any questions about the project at any time, you can call Marshall at 503-686-5060 (TDD 686-5063).
If you sign below, you are saying that you understand this information, you agree to take part in the research project, you know you can stop at any time, and you have been given a copy of this form.
________________________________________________
Signature Date
__________________________________________
Name (please print)
____________________________________________
Case Developer signature
Student Name___________________________________ Case # __________________________
DATES
_______/_______/_______ First call received from ______________________________________________
_______/_______/_______ Case developer assigned _____________________________________________
_______/_______/_______ Case _______ accepted _______ not accepted
If not accepted, reason _____________________________________________
Referred elsewhere (specify) _________________________________________
_______/_______/_______ Parent contacted (name) _____________________________________________
_______/_______/_______ District contacted (name/title) _________________________________________
_______/_______/_______ Other contacted (name/title) __________________________________________
Agreement to Participate in Conciliation & Confidentiality signed:
_______/_______/_______ By Parent(s)/Guardian(s) (names)______________________________________
_______/_______/_______ By District (name/title) ______________________________________________
_______/_______/_______ By Other (name/title) _______________________________________________
_______/_______/_______ Agreement to Participate in Conciliation withdrawn (by whom)______________
_______/_______/_______ Conciliation held ______agreement ______partial _______no agreement
_______/_______/_______ Conciliation Report completed
_______/_______/_______ IEP scheduled to implement results
_______/_______/_______ Tune-up conciliation held
_______/_______/_______ Follow-up questionnaire sent to all participants
_______/_______/_______ Follow-up questionnaire received from Parent(s)/Guardian(s)
_______/_______/_______ Follow-up questionnaire received from District
_______/_______/_______ Follow-up questionnaire received from Other
_______/_______/_______ Exit interview with Parent(s)
_______/_______/_______ Exit interview with School/District
_______/_______/_______ 2-month follow-up sent to Parent(s)/Guardian(s) & District
_______/_______/_______ 2-month follow-up received from Parent(s)/Guardian(s)
_______/_______/_______ 2-month follow-up received from District
_______/_______/_______ Data entered
_______/_______/_______ Case closed
Date_________________ Referred by______________________________________________
Case Developer________________________________________
Case #__________________
IDENTIFYING INFORMATION OF PEOPLE INVOLVED
Name of Student
________________________________________________
Name of Parent(s)/Guardian(s)
________________________________________________
Address
__________________________________________________
Phone: wk________________ hm________________
best time to call________________________________
Cultural/Ethnic/Racial background
________________________________________________
Name of District & School
________________________________________________
Name & Title of Contact
________________________________________________
Address
________________________________________________
Phone: wk________________ hm________________
best time to call________________________________
Cultural/Ethnic/Racial background
________________________________________________
Name of Other(s) Involved
________________________________________________
Name & Title of Contact
________________________________________________
Address
________________________________________________
Phone: wk________________ hm________________
best time to call________________________________
STUDENT INFORMATION
Birthdate _____/_____/______ Grade __________ Gender ____ M ____ F
Cultural/Ethnic/Racial background
________________________________________________
Date of last evaluation _______/_______/_______
IEP in place________________________________
Disability
________________________________________________
Spoken language(s)
________________________
Other means of communication_______________________
Interpreter Needed
________________________________________________
Date of rejected IEP _______/_______/_______
Date of conciliation request _______/_______/_______
Hearing request _______ Yes _______ No
Date of hearing request _______/_______/_______
Summary from Parent(s).
History:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Present situation:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
What does Parent(s) want?
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Who else is involved?
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Does or does not want a conciliation?
________________________________________________
Best time(s)/day(s) for conciliation.
________________________________________________
________________________________________________
Willing to have one or two observers (who)?
___________________________________________
Agreement to Mediate and Confidentiality signed?
______________________________________
One-word description of other party(ies)?
______________________________________________
Case Developer comments (e.g., suitability for conciliation, will attend, will reach agreement, etc.)
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Summary from District/School.
History:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Present situation:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
What does Parent(s) want?
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Who else is involved?
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Does or does not want a conciliation?
_________________________________________________
Best time(s)/day(s) for conciliation.
__________________________________________________
________________________________________________
Willing to have one or two observers (who)?
___________________________________________
Agreement to Mediate and Confidentiality signed?
______________________________________
One-word description of other party(ies)?
______________________________________________
Case Developer comments (e.g., suitability for conciliation, will attend, will reach agreement, etc.)
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
ISSUES (Mark all that are mentioned. Identify who mentioned the issue.)
Identification: S = Student P = Parent A = Administrator T = Teacher O = Other
_______ Eligibility
_______ Identification
_______ Permission to evaluate
_______ Independent education evaluation (IEE)
_______ Type of special education program
_______ Type of related service
_______ Amount of special education program
_______ Amount of related service
_______ Least restrictive environment
_______ Private placement
_______ Transportation
_______ Change of educational level
_______ Extended school year
_______ Vocational education
_______ Cost of program/service
_______ Graduation
_______ Medical
_______ Behavior management
_______ Suspension &/or expulsion
_______ Method of instruction
_______ Availability of personnel
_______ Goals & objectives
_______ Communication problem
_______ Different perceptions of student's needs
_______ Personality clash
_______ Conflict over other issues
_______ Previous conflict over same issues
_______ Personnel problems
_______ Other (specify)
_______________________
_______________________
_______________________
Student Name
___________________________________ Case # __________________________
Use the following numbering system to record the type of contact:
1. arrange meeting time or place 6. clarify conciliation process
2. arrange meeting format 7. clarify forms or paperwork
3. clarify issues 8. clarify conciliation agreement
4. discuss feelings 9. to gather follow-up information
5. to gather missing conciliation information 10. other (explain)
Date Name Role* Content(specify by #) Hours
________________________________________________
________________________________________________
________________________________________________
_________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
* P = Parent; S = Student; A = Administrator; T = Teacher; O = Other; M = Mediator
Student Name
______________________________ Case # ________________________
Case Developer
_____________________________ Date __________________________
Results: _______ Agreement _______ Partial agreement _______ No agreement
Date of IEP to implement results _______/_______/_______
Total # of people at conciliation (including conciliators) ________
Conciliators:
____________________________________ ____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
(Facilitator, if present)
Other persons attending:
_____ Student
_____ Mother
_____ Father
_____ Stepparent(s)
_____ Guardian(s)
_____ Advocate(s)
_____ Spec ed admin (title)__________________
_____ Reg ed admin (title)__________________
_____ Spec ed teacher
_____ Reg ed teacher
_____ Other (give title)_____________________
__________________________________________
ISSUES (Mark all that were identified. By whom?)
Identification: S = Student P = Parent A = Administrator T = Teacher O = Other
_______ Eligibility
_______ Identification
_______ Permission to evaluate
_______ Independent education evaluation (IEE)
_______ Type of special education program
_______ Type of related service
_______ Amount of special education program
_______ Amount of related service
_______ Least restrictive environment
_______ Private placement
_______ Transportation
_______ Change of educational level
_______ Extended school year
_______ Vocational education
_______ Cost of program/service
_______ Graduation
_______ Medical
_______ Behavior management
_______ Suspension &/or expulsion
_______ Method of instruction
_______ Availability of personnel
_______ Goals & objectives
_______ Communication problem
_______ Different perceptions of student's needs
_______ Personality clash
_______ Conflict over other issues
_______ Previous conflict over same issues
_______ Personnel problems
_______ Other (specify)
_______________________
_______________________
_______________________
Debriefing Protocol
What were the issues as perceived by the parent(s)?
________________________________________________
________________________________________________
What were the issues as perceived by the school?
________________________________________________
________________________________________________
What were the issues as perceived by other(s)?
________________________________________________
________________________________________________
What factors led to the dispute?
________________________________________________
________________________________________________
What factors contributed to reaching/not reaching an agreement?
________________________________________________
________________________________________________
How likely do you think it is that the agreements will be carried out?
________________________________________________
________________________________________________
Is the agreement reached one that will solve the problem? For how long?
________________________________________________
________________________________________________
What did you do that was effective?
________________________________________________
________________________________________________
What would you do differently?
________________________________________________
________________________________________________
Conciliator perception of factors that led to dispute (the most significant factors).
_______ Different perceptions of student's needs
_______ Different opinions about appropriate services
_______ Miscommunication
_______ Insufficient communication
_______ Distrust based on conflict over this issue
_______ Distrust based on conflicts over
Student Name ______________________________ Case # ________________________
Case Developer _____________________________ Date Closed ___________________
Time Spent
With parent(s) _______________
With district _______________
With other(s) (specify) _______________ ______________________________
In logistics _______________
(scheduling, setting up room, etc.)
In conciliation _______________ # of sessions _________________________
Resolution/Termination
_______/_______/_______ People reached resolution on their own.
_______/_______/_______ Staff assisted with resolution _____ by phone _____ after meeting
Total # of contacts _____ by phone _____ in person
_______/_______/_______ Conciliation resolution _____ agreement _____ partial _____ no agreement
_______/_______/_______ Withdraw hearing request
_______/_______/_______ Postponed hearing
_______/_______/_______ Withdraw conciliation request
_______/_______/_______ Requested hearing
Using responses on the written Participant Satisfaction Questionnaire as a guide for areas to explore, the case developer will interview each participant individually and ask for perceptions on the following.
1. Describe what happened in the conciliation.
2. How did the outcome compare with your expectations?
3. How satisfied are you with the outcome?
4. How likely do you think it is that the agreements reached will be carried out?
5. Is the agreement that was reached one that you think will solve the problem? For how long?
6. Was there anything in the process that made you uncomfortable?
7. Was there anything about the process that you especially liked?
8. How was this process different from other interactions you have had with this particular individual [school personnel/parent]?
9. Did you feel that any cultural differences were adequately addressed in the team composition? In the process? If there was a lack of cultural sensitivity, how did this affect the process? The outcome?
10. Would you participate in this type of process again?
11. One-word description of the other party.
