Learn The Skills Of A Mediator

Some behavior analysts have a reputation for being obnoxious at IEP meetings. That is my experience here in Southern California. They can be overbearing and dismissive. They dismiss the opinions of others by waving research articles pulled from briefcases. They inform the occupational therapist that their sensory integration exercises interfere with the well designed behavior program. They inform the teacher that their curriculum is not up to par. Her classroom management system is faulty. The way the teacher provides instructions and delivers praise could be much improved. And so it goes. I can remember an Individual Educational Planing (IEP) meeting with the Newport Beach School District where the administrators and the teacher were at best skeptical of me when I arrived. Through the tone of their voices and nonverbal behavior I sensed they disliked me before introductions, before I said a word. Their behavior was shaped by the experiences they had with previous ABA providers who were brash know-it-alls.

I too was a brash know-it-all after I obtained my PhD at 28. Several years later I was hired by San Diego Regional Center as an Education Consultant. I had a number of responsibilities, one being an advocate for parents at IEP meetings. My first assignment was a disaster. The parents and the school administrators complained about my performance. Let’s just say my diplomacy was poor. Subsequently, my boss suggested I take a series of courses on mediation, and obtain my certificate. Which I completed. It was one of the best series of courses I’ve ever taken. My performance at IEP meetings, and meetings with others in general, improved greatly. Keeping the principles of mediation in mind helped me find common ground with other members of the IEP team and help produce solutions to problems that affected everyone.

Individualized Education Program (IEP) meetings, central to supporting students with special needs, often involve complex emotions, competing interests, and high-stakes decision-making. Psychologists, behavior analysts and special education administrators can significantly enhance these meetings by integrating established mediation techniques. Research supports mediation strategies such as active listening, interest-based negotiation, structured problem-solving, and cultural sensitivity to effectively manage conflict and promote collaboration (Deutsch, Coleman, & Marcus, 2014).

Active listening, a foundational mediation technique, involves carefully attending to the speaker, summarizing their message, and reflecting their emotions and content back to them. In IEP meetings, behavior analysts can apply active listening by explicitly summarizing parents' concerns about their child's progress or educators' observations about classroom performance. This validates the participants' views, reduces defensiveness, and ensures clarity and mutual understanding of the issues being discussed (Moore, 2014).

Interest-based negotiation shifts discussions from fixed positions—such as specific numbers of therapy hours or particular classroom accommodations—to exploring underlying common interests. For example, a parent might insist on speech therapy 4 times per week. Instead of negotiating over the hours directly, a educator trained in mediation might ask, “Can you share more about why the additional therapy is important to you?” The parent might reveal a deeper interest in improving their child’s social interactions or independence. This shared goal allows educators to suggest a broader range of supportive strategies, possibly including peer mentoring or assistive technology, fostering collaborative rather than adversarial interactions (Fisher, Ury, & Patton, 2011).

Structured problem-solving involves organizing the meeting clearly by defining roles (e.g., facilitator, recorder, participants), explicitly setting agendas, and documenting agreed-upon decisions. At IEP meetings, this means starting with a clearly outlined agenda, specifying each topic to be discussed, ensuring each participant understands their role, and systematically recording decisions and action items. This approach enhances the efficiency of the meeting, participant satisfaction, and provides clear documentation for follow-up actions (Moore, 2014).

Cultural competency and responsiveness in mediation entail recognizing and respecting cultural differences that influence communication styles and expectations. At IEP meetings, educators and administrators must acknowledge cultural variations in attitudes toward disability, communication patterns, or family dynamics. Sensitivity to these differences can help mediate misunderstandings and conflicts by creating an inclusive environment that values diverse perspectives and fosters mutual respect (LeBaron, 2003).

Another valuable mediation technique is reframing. Reframing involves restating negative or contentious statements in a neutral or positive manner, shifting the conversation toward constructive outcomes. For instance, if a teacher says, “The student is disruptive and can't focus,” the behavior analyst might reframe this as, “I see what you’re saying, it seems the student might benefit from additional strategies to support his time on task and participation in class activities. Let's discuss some possible approaches.” This reduces defensiveness and encourages solution-focused discussions.

Reality checking is another mediation technique where the mediator helps participants evaluate the feasibility and practical implications of suggested solutions. For example, during an IEP meeting, a parent may request all day one-on-one classroom support for their child. A behavior analyst could guide reality checking by exploring how realistic and sustainable this request is, considering school resources and effectiveness, and then collaboratively developing practical, alternative solutions. Perhaps one-on-one instruction is only required during certain times and conditions whereas small group instruction may work during other circumstances. Collecting data under different circumstances may help.

Impartiality. Maintaining impartiality in practice involves explicitly stating, ‘Our goal today is to develop solutions that serve the student's best interests, balancing the family's desires and the school's capabilities,’ ensuring each party feels heard and fairly represented.

Impartiality involves consciously avoiding taking the side of the parent or the school district to ensure fairness, which builds credibility and trust among all parties involved.

Effective mediators also practice emotional self-regulation and maintain impartiality throughout the IEP process. Emotional self-regulation involves staying calm and composed, even during tense discussions, enabling mediators to model productive behaviors. These practices help ensure balanced participation and effective problem-solving outcomes (Beer & Packard, 2012).

In summary, behavior analysts and educators equipped with mediation skills significantly enhance the effectiveness of IEP meetings. Employing active listening, interest-based negotiation, structured problem-solving, reframing, reality checking, cultural sensitivity, and impartial facilitation creates a productive environment for collaborative decision-making and optimal educational planning for students with special needs.

Please note: I’m not suggesting you become a literal mediator at an IEP meeting or any meeting. My suggestion is to use the mediation techniques to improve your participation at those meeting. I’ve found the skills to be quite helpful.

Where to obtain mediation training in San Diego:

1. University of San Diego – Joan B. Kroc School of Peace Studies

   • Offers a Certificate in Mediation and Conflict Resolution, focusing on practical mediation skills and theoretical foundations.

   • Ideal for professionals aiming to integrate mediation into educational, legal, or community settings.

   • Admission requires a bachelor's degree with a minimum 2.5 GPA. Welcome+2Welcome+2Home+2

2. San Diego State University (SDSU) Global Campus

   • Provides a Certificate in Mediation and Restorative Justice, emphasizing the INACCORD model and restorative practices.

   • A 240-hour self-paced online program, culminating in multiple certifications, including Mediation and Restorative Justice Practitioner. Career Training

3. UC San Diego Division of Extended Studies

   • Offers an advanced mediation training program in collaboration with the University of Trento, Italy.

   • Participants receive a 20-hour certificate upon completion, suitable for those interested in international perspectives on dispute resolution. University of San Diego+8Welcome+8mediationworks.com+8

4. National Conflict Resolution Center (NCRC)

   • Provides various mediation and conflict resolution workshops, including programs for aspiring mediators.

   • Offers both open-enrollment and customized on-site courses, catering to individuals and organizations.National Conflict Resolution Center

5. San Diego City College

   • Features a Conflict Resolution and Mediation Certificate program with an interdisciplinary approach.

   • Includes fieldwork opportunities, preparing students for roles in community organizations, education, and public service. University of San Diego+6Home+6Career Training+6

Perhaps there are similar resources in your area.

References:

Beer, J. E., & Packard, C. C. (2012). The mediator's handbook: Revised & expanded fourth edition. New Society Publishers.

Deutsch, M., Coleman, P. T., & Marcus, E. C. (Eds.). (2014). The handbook of conflict resolution: Theory and practice (3rd ed.). Jossey-Bass.

Fisher, R., Ury, W., & Patton, B. (2011). Getting to yes: Negotiating agreement without giving in (3rd ed.). Penguin Books.

LeBaron, M. (2003). Bridging cultural conflicts: A new approach for a changing world. Jossey-Bass.

Moore, C. W. (2014). The mediation process: Practical strategies for resolving conflict (4th ed.). Jossey-Bass.