fight, flight, or collaborate...minnesota legislature unanimously passed changes to child custody...
TRANSCRIPT
Fight, Flight, or CollaborateInnovative Approaches to Solving the Contentious Issues that School Boards Face
Public Policy Collaborative Dispute Resolution As public issues continue to become more complex and contentious,
government and citizens have begun to look for new approaches to addressing them.
Collaborative problem solving has a proven track record of producing effective and efficient solutions to matters of public interest.
Collaborative processes bring stakeholders together with the assistance of a trained facilitator to define a problem, identify the core interests and concerns of all involved, and generate solutions that address these interests and concerns.
Why Use Collaborative Dispute Resolution Fragmentation of government organizations and programs stands in the way of solutions
Overlapping institutions and jurisdictions mean that many levels of government along with other sectors need to be involved
Increasing complexity of opportunities and issues
A need to integrate policies, programs, and resources to address the problem or issue
Opportunities emerge and people are ready to work together on a common issue
When to use Collaborative Dispute Resolution: two approachesin the beginning. . .proactivewhen an issue is known to be contentious, getting involvement of stakeholders
can help to manage inevitable conflicts and build consensus on ways to address issues.
after the fall . . .reactivewhen a contentious issue has already developed into a dispute or impasse, a
mediated process can be used prior to turning to litigation
UPSTREAM DOWNSTREAM
Benefits
Makes efficient use of public and private resources
Develops high quality solutions
Accelerates the pace of a project
Bridges differences
Deal productively with shared power for decision-making
Examples
Placement of new roads, conflicts between environmental and development goals, creation of statewide plans, governance disputes between cities and counties, and more Minnesota legislature unanimously passed changes to child custody statutes agreed to by
the ABA family law section, fathers’ rights groups, and other stakeholders following a more than 10 year long fight at the legislature.
Oregon worked with 8 counties to reduce the number of children in foster care by 20 percent.
Florida worked with the nursing home industry, AARP and other stakeholders to reallocate Medicaid beds in nursing homes across the state.
Delaware formed the Cancer Consortium which led to Delaware having the best rate of improvement for cancer mortality in the country.
Identifying When to Use a Collaborative Approach • The issue(s) is/are of great importance and a sound decision is needed.
• The issue(s) is/are identifiable and can be negotiated.
• The potential stakeholders are identifiable and it is possible to find someone to represent them.
• The final outcome is not yet determined.
• There are sufficient resources available (both economic resources to support the process, and time to build consensus).
• The social climate is favorable for it. This is particularly true with regards to the political context, where support from leadership is critical to success.
• The issue(s) to be dealt with will require a coordinated effort from several different government agencies, or state and local agencies from various jurisdictions.
Principles of Collaborative Dispute ResolutionTransparency and AccountabilityDecisions take place in the public eye.
Equity and InclusivenessAll interests who are needed and willing contribute to solution.
Effectiveness and EfficiencySolutions are tested to make sure they make practical sense.
ResponsivenessPublic concerns are authentically addressed.
Forum NeutralityDifferent perspectives are welcome; the process itself has no bias.
Consensus-BasedDecisions are made through consensus rather than majority rule.
Roles in a Collaborative Dispute Resolution Process Sponsor – An agency, foundation, civic organization, public-private
coalition, etc. to initiate and provide support
Convener – A governor, legislator, mayor, local official, respected civic leader, etc. with power to bring diverse people together to work on common problems
Neutral Forum – An impartial organization or venue, etc. to provide and ensure skilled process management
Participants – All sectors (public, private, civic) and levels of government are involved to ensure representation of all interests and points of view
Leader’s Steps to Solutions Before Convening1. Identify and raise an issue in the community
2. Identify skilled staff from a neutral forum to assist
3. Assess the feasibility of collaboration and who needs to be involved and how to engage them
4. Convene all needed participants
Leader’s Steps to Solutions During Convening
5. Participants jointly agree to objectives and ground rules for working together
6. Conveners and participants work together to frame the issues to be resolved
7. Conveners and participants develop agreements that integrate interests and resources
Leader’s Steps to Solutions After Convening
8. Conveners and participants implement their agreements together
Case Study of a Collaborative Approach
East Metro Integration District School Board
Strategic Redesign and Stakeholder Input
Presented by Cristina Gillette, Mediator and former EMID Board Chair
Background
What is EMID?
EMID: East Metro Integration District
Collaborative of 10 School Districts
EMID provides equity and integration programs and services to 10 member districts.
Governed by a Joint Powers School Board consisting of 10 board members (one from each member district).
Funding Cut Strategic Redesign 3 Options
Strengthen Schools
Transfer Governance
Close Schools
Background
Superintendents
School Board
ParentsAdministrators
Teachers
Initial Stakeholder Input
Strategic Redesign:
3 Options
Who’s missing?
Initial Stakeholder Input
Strategic Redesign:
3 Options
Superintendents
School Board
ParentsAdministrators
Teachers
Stakeholder Reaction
“The Process”
“The Process”
“The decision has already been made!”
“The board is not transparent…”
“It’s not just the decision, it’s the process we’re unhappy with.”
“The Process”
In other words…
They don’t feel heard.
They don’t trust the decision‐makers.
Where did we go wrong?
Anger is intensified when people feel:
Treated unfairly, disrespectfully or dishonestly
Weak or powerless in the face of others who have power
Anger is a helpful way of rallying the troops, demonstrating one’s own power, or bullying others into accepting their point of view
Long‐term relationship of trust involves:
Sharing information
Listening to concerns
Learning what steps to take to address those concerns
Dealing with Emotional Audiences, October 2009 www.ca‐ilg.org/EmotionalAudiences
How can we include the Stakeholders?
Here’s what we did:We created a Collaborative Process designed to gather input from Stakeholders on the 3 Options.
Two‐part Meeting:
1. Information stakeholders
1. Input stakeholders
A Collaborative Process
Redesign:• Overview• Next Steps
Part 1: Information Session
PART 1:• Informational Session led by board chair
• Q&A Session with Chair and Superintendant
• Auditorium style set‐up
• Power point
• Microphone
A Collaborative ProcessPart 2: Stakeholder Input Session
• Stakeholders broke into groups of 8‐10
• Round‐table discussions
• EMID Administrator facilitated discussion and took notes
• All comments recorded on flip charts (one for each table)
• Agenda, Questions, and Facilitator Guide provided in advance to each Facilitator
PART 2: StakeholderComments
After the Meeting
Comments received at the Stakeholder Input Session were:
Gathered from flip chart notes Condensed to 11 pages Grouped into 4 major areas Distributed to Board members Made available to the public
(website)
Compiling Comments
After the MeetingResponse to Questions
Questions from Stakeholders were:
Grouped into frequently asked questions (FAQs)
Sent to Board Members
Made available to the public (website)
Resource
“Launching Inclusive Efforts Through Community Conversations”A practical guide for families, services, providers, and communities
by Beth Swedeen, Molly Cooney, Colleen Moss, Erik W. Carter
University of Wisconsin
http://www.waisman.wisc.edu/naturalsupports/pdfs/Community_Conversation_Guide.pdf
Minnesota State Office for Collaboration and Dispute ResolutionA Division of the Bureau of Mediation Services
Mission
Serving as a statewide catalyst to advance:
Sustainable resolution of matters of public interest
Broad use of community mediation throughout Minnesota
Effective collaboration and dispute resolution in state and local government
Public Policy Collaborative Dispute Resolution Services Preliminary consultation to explore the issue under dispute and how OCDR
can help
Issue assessment to evaluate the opportunities for collaborative solutions
Process design to leverage financial resources, information and participants' time
Convening to bring parties to the table, and foster their commitment to collaborate
Facilitator recruitment to help parties select the most skilled facilitator for the project
Consensus building to ensure open discussion, consideration of all viewpoints, and sustainable solutions
Steps in a Public Policy Collaborative Problem Solving Process1. A group defines a problem they want to solve
2. The relevant authority figure such as the Governor or Mayor designates the project and an impartial convener to bring people together
3. Participants sign a Declaration of Cooperation
4. Implementation begins
Additional Services
Support the development of nonprofit dispute resolution centers through grants and technical assistance.
http://communitymediationminnesota.org
Promote effective collaboration and dispute resolution in state and local government through consultation, system design and training
Additional Resources
BOOKS The Little Book of Cool Tools for Hot Topics by Ron Kraybill and Evelyn Wright Facilitator’s Guide to Participatory Decision-Making by Sam Kaner Facilitating with Heart by Martha Lasley The Consensus Building Handbook by Lawrence Susskind
ORGANIZATIONS Policy Consensus Initiative
http://www.policyconsensus.org/ Minnesota Association of Community Mediation Programs
http://communitymediationminnesota.org/ Conflict Resolution Minnesota
http://www.conflictresolutionmn.org/
