Document 1
The Dispute Resolution Process
Information for boards of trustees
1982
Every child and young person has the right to be in education. The Dispute
Resolution Process provides help for schools and boards of trustees, parents,
caregivers and whānau to resolve issues involving children and young people
Act
with additional learning needs.
There might be times when parents,
caregivers and whānau of children
and young people with additional
learning needs at your school feel
their child’s needs are not being met,
or they’re worried about something
that’s happening with their child at
school or kura.
Information
When this happens, it’s important
they know who to talk to and what
support is available to them.
Most schools will have a clear process
for managing parents’ issues and
concerns and will provide information
about this process. It may also be
Official
helpful to give parents a copy of your
school’s charter or strategic plan and
a copy of your school’s policy on
the
meeting learning support needs.
Sometimes parents talking to their
Help available through the
Ministry review
child’s teacher or the school principal
Dispute Resolution Process
If this doesn’t resolve the issue,
won’t resolve the issue.
If parents have spoken to their child’s
schools or parents can ask the
If this happens, parents, caregivers
teacher and the principal, but can’t
Ministry’s regional Director of
under
and whānau, or schools themselves,
agree on a way forward, the Dispute
Education to carry out a review to
can access the Ministry of Education’s
Resolution Process provides further
check that everything that should
Dispute Resolution Process.
support to help resolve the issue.
have been done has been done.
Throughout the process, it’s important
The Ministry’s Dispute Resolution
that the school principal keeps their
Independent mediation
Process supports parents and schools
board informed on progress.
Finally, if the Ministry thinks it would
to come together and work through
be helpful, and everyone agrees, it can
challenging issues for children and
The support available includes:
arrange for independent mediation.
young people with additional learning
needs. It aims to help everyone
Ministry facilitation
The mediator will hold a meeting to
Released
resolve concerns early so they don’t
Schools can ask the Ministry for help
make sure everyone’s views are heard
escalate into disputes. Importantly,
from someone trained in facilitation.
and that all options have been looked
it builds on a school’s policies and
Facilitators help schools and the
at. They will be focused on helping
procedures; it doesn’t replace them.
child’s parents, caregivers and
everyone find a way forward.
whānau talk and work together to
find a practical solution. The facilitator
won’t be there to advocate or enforce;
they’re there to help facilitate the hard
conversations.
In partnership
with NZSTA
JUNE 2018 |
1
THE DISPUTE RESOLUTION PROCESS
INFORMATION FOR EDUCATORS
Accessing this support
Ministry of Education contacts:
The support available under the
Dispute Resolution Process is
Auckland regional office
voluntary and can be accessed by
Phone: 09 632 9400
parents, caregivers and whānau**,
Email: [email address]
and by your school. We will help the
school and parents work together
Whanganui/Manawatu regional office
to resolve the problem as quickly as
Phone: 06 349 6300
possible.
Email: [email address]
1982
Schools, parents, caregivers and
Nelson, Marlborough/West Coast regional office
whānau can access this support
by contacting their local Manager
Phone: 03 546 3470
Learning Support. There is no charge
Email: [email address]
Act
to schools or parents for this support.
National office
If the Dispute Resolution Process is
Phone: 0800 622 222
unable to help resolve the problem,
Email: [email address]
parents can ask for the matter to be
referred to the board of trustees who
are the final decision makers for the
school. Parents can’t refer a problem
to the Dispute Resolution Process if
the issue has already been considered
by the board of trustees and a
decision made.
Information
How this process was
developed
The Ministry developed the Dispute
Resolution Process in partnership
with the New Zealand School Trustees
Official
Association, and with advice and
guidance from the Government
Centre for Dispute Resolution.
Input into the process has also
the
been provided by the New Zealand
Principals’ Federation, Secondary
Principals Association of New Zealand
and Parent to Parent, as well as by the
education sector, disabled persons’
organisations, parent support groups
under
and teacher unions. Feedback was
also given by a group of young
people from People First.
* Rollout of the Dispute Resolution
Process is being phased, with support
initially being offered in three regions:
Auckland, Whanganui/Manawatu and
Nelson/Marlborough/West Coast.
Released
** A separate information sheet is
available for parents, caregivers and
whānau. A further sheet is available
for educators.
education.govt.nz
JUNE 2018 |
2
Document 2
The Dispute Resolution Process
Information for educators
1982
Every child and young person has the right to be in education. The dispute
resolution process provides help for schools and boards of trustees, parents,
caregivers and whānau to resolve issues involving children and young people
Act
with additional learning needs.
There might be times when parents,
caregivers and whānau of children
and young people with addtional
learning needs at your school feel
their child’s needs are not being met,
or they’re worried about something
that’s happening with their child at
school or kura.
Information
When this happens, it’s important
they know who to talk to and what
support is available to them.
Most schools will have a clear process
for managing parents’ issues and
concerns and will provide information
about this process. It might also be
Official
helpful to give parents a copy of your
school’s charter or strategic plan and
a copy of your school’s policy on
the
meeting learning support needs.
Sometimes parents talking to
their child’s teacher or the school
principal won’t resolve the issue. If
Help available through the
Ministry review
this happens, parents, caregivers and
Dispute Resolution Process
If this doesn’t resolve the issue,
whānau, or schools themselves, can
under If parents have spoken to their child’s schools or parents can ask the
access the Ministry of Education’s
teacher and the principal, but you
Ministry’s regional Director of
Dispute Resolution Process*.
can’t agree on a way forward, there
Education to carry out a review to
The Ministry’s Dispute Resolution
are three further types of support
check that everything that should
Process supports parents and schools
available:
have been done has been done.
to come together and work through
challenging issues for children and
Ministry facilitation
Independent mediation
young people with additional learning
You can ask the Ministry for help
Finally, if the Ministry thinks it would
needs. It aims to help everyone
from someone trained in facilitation.
be helpful, and everyone agrees, it can
resolve concerns early so they don’t
Released
Facilitators help schools and the
arrange for independent mediation.
escalate into disputes. Importantly, it
child’s parents, caregivers and
The mediator will hold a meeting to
builds on your school’s policies and
whānau talk and work together to
make sure everyone’s views are heard
procedures; it doesn’t replace them.
find a practical solution. The facilitator
and that all options have been looked
won’t be there to advocate or enforce;
at. They will be focused on helping
they’re there to help facilitate the hard
everyone find a way forward.
conversations.
In partnership
with NZSTA
MAY 2018 |
1
THE DISPUTE RESOLUTION PROCESS
INFORMATION FOR EDUCATORS
Accessing this support
Ministry of Education contacts:
The support available under the
Dispute Resolution Process is
Auckland regional office
voluntary and can be accessed by
Phone: 09 632 9400
parents, caregivers and whānau**, and
Email: [email address]
by your school. We will help you work
together to resolve the problem as
Whanganui/Manawatu regional office
quickly as possible.
Phone: 06 349 6300
You can access this support by
Email: [email address]
1982
contacting your local Manager
Nelson, Marlborough/West Coast regional office
Learning Support. There is no charge
to schools or parents for this support.
Phone: 03 546 3470
Email: [email address]
Act
How this process was
National office
developed
Phone: 0800 622 222
The Ministry developed the Dispute
Email: [email address]
Resolution Process in partnership
with the New Zealand School Trustees
Association, and with advice and
guidance from the Government
Centre for Dispute Resolution.
Input into the process has also
been provided by the New Zealand
Principals’ Federation, Secondary
Information
Principals Association of New Zealand
and Parent to Parent, as well as by the
education sector, disabled persons’
organisations, parent support groups
and teacher unions. Feedback was
also given by a group of young
people from People First.
Official
* Rollout of the Dispute Resolution
Process is being phased, with services
initially being offered in three regions:
the
Auckland, Whanganui/Manawatu and
Nelson/Marlborough/West Coast.
** A separate information sheet is
available for parents, caregivers and
whānau.
under
Released
education.govt.nz
MAY 2018 |
2
Document 3
The Dispute Resolution Process
General information
About the Dispute
1982
Resolution Process
Every child and young person has the
right to be in education. The Ministry
Act
of Education’s Dispute Resolution
Process (DRP) is about ensuring that
all children and young people with
additional learning needs are able to
enrol, attend, participate and learn at
school.
The focus is on supporting parents,
caregivers, whānau and schools
to come together where there
are challenging issues for children
Information
and young people with additional
learning needs that haven’t been
able to be resolved by talking to the
It’s an extra tool to help parents and
The Ministry has developed clear and
teacher or principal. These issues and
schools come together and solve
accessible information for parents,
concerns might relate to the child
challenging issues.
caregivers, whānau and schools about
or young person’s access, presence,
how to raise issues with each other in
participation or learning. The DRP
The DRP was developed in response
an effective way.
Official
supports the early resolution of
to feedback to the Review of Special
these issues and concerns, avoiding
Education in 2010, the Education and
Help available under the DRP
them escalating into complaints and
Science Committee consultation on
If parents have spoken to their child’s
disputes.
students with dyslexia, dyspraxia and
the
autism spectrum disorder in 2015, and
teacher and principal but can’t find a
Rollout of the DRP is being phased.
the Education (Update) Amendment
way forward, they, or the school, can
Beginning in Term 2 of 2018, it will be
Bill in 2017, suggesting a complaints
ask for three further types of support
available in three regions: Auckland,
and dispute resolution process was
from the Ministry under the DRP:
Whanganui/Manawatu and Nelson/
needed.
»
Ministry facilitation
Marlborough/West Coast. Evaluation
under
of the initiative will inform decisions
The Ministry’s role
Help from the Ministry from
around next steps.
someone trained in facilitation.
The Ministry will get involved at the
Facilitators help schools and the
Why the process was needed
request of a child or young person,
child or young person’s parents,
parent or school. We’ll do this once
caregivers and whānau talk and
Most schools will have a clear process
the parent and school have discussed
work together to find a practical
for managing parents’ issues and
the issue and they have had the
solution.
concerns and will provide information
chance to put things right. The DRP is
about this process. However,
about building on schools’ processes,
»
Ministry review
sometimes parents talking to a
not replacing them.
If this doesn’t resolve the issue,
teacher or the principal won’t resolve
Released
schools or parents can ask the
the issue. If this happens, parents or
The Ministry can also provide parents
Ministry’s regional Director of
schools can access the DRP which
with guidance on raising an issue with
Education to carry out a review to
aims to get the problem solved as
a principal or the board of trustees.
check that everything that should
quickly as possible.
The Ministry is not there to speak on
have been done has been done.
anyone’s behalf (advocate) or enforce.
We’re there to help facilitate the hard
conversations and to help parents and
schools solve problems together.
In partnership
with NZSTA
MAY 2018 |
1
THE DISPUTE RESOLUTION PROCESS
STAKEHOLDER INFORMATION SHEET
»
Independent mediation
Finally, if the Ministry thinks it would
be helpful, and everyone agrees,
it can arrange for independent
mediation. The mediator will hold
a meeting to make sure everyone’s
views are heard and that all options
have been looked at. They will
be focused on helping everyone
find a way forward and solve the
1982
problem together. For the initial
rollout in three regions, mediation
is being provided by the Ministry
of Business, Innovation and
Act
Employment which already has
experienced mediators.
Everyone has to agree to be part of
the DRP, including facilitation and
mediation.
NB: Parents, children and young
How the DRP was developed
Where to go for more
people can contact the Human
The Ministry developed the DRP in
Rights Commission, the Office of the
information
partnership with the New Zealand
Children’s Commissioner or other
The three regions involved in the
School Trustees Association, and
agencies for help, at any time.
initial rollout have been given DRP
with advice and guidance from the
Information
information sheets for parents,
Accessing the DRP
Government Centre for Dispute
caregivers, whānau and schools.
Resolution. Input into the process
Parents, children and young people,
has also been provided by the New
If you have any questions about
and schools can access the DRP
Zealand Principals’ Federation,
the DRP, please contact your local
by contacting the local Manager,
Secondary Principals Association of
Ministry office:
Learning Support. There is no charge
New Zealand and Parent to Parent,
Auckland regional office
for this support.
as well as by the education sector,
Official
disabled persons’ organisations,
Phone: 09 632 9400
It is also important to consider the
parent support groups and teacher
Email:
enquiries.auckland@
voice of the child or young person
unions. Feedback was also given by a
education.govt.nz
in the DRP. They should have the
the
group of young people from People
process explained to them and be
First.
Whanganui/Manawatu
given the chance to be present, and
regional office
take part, if everyone agrees.
Phone: 06 349 6300
The DRP can’t be used if:
Email:
enquiries.whanganui@
» the issue has already been taken to
education.govt.nz
under
the school’s board of trustees and
it has given its decision
Nelson, Marlborough/West
Coast regional office
» a complaint has already been made
to the Human Rights Commission
Phone: 03 546 3470
or the Office of the Ombudsman.
Email:
enquiries.nelson@education.
govt.nz
National office
Phone: 0800 622 222
Released
Email:
learningsupportmailbox@
education.govt.nz
education.govt.nz
MAY 2018 |
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Document 4
The Dispute Resolution Process
Independent Mediation Service
1982
Introduction
Role of the mediator
Mediation is available as part of
» less formal than legal proceedings
» A mediator will not take sides and
the Ministry of Education’s Dispute
(it doesn’t involve evidence,
will work with everyone involved
Act
Resolution Process (DRP). The DRP
witnesses or lawyers, and meetings
to help resolve an issue and/or
provides help for schools and boards
are held in meeting rooms rather
improve a situation.
of trustees, parents, caregivers and
than somewhere more formal)
» The mediator does not make a
whānau, to resolve issues involving
» a free and voluntary service
decision, but helps everyone find
children and young people with
their own solutions.
additional learning needs.
» a process that encourages
everyone involved to work
» The mediator will ensure the
If the issue has already been raised
together to resolve issues and
process is fair and safe and do their
and discussed with the child or young
focus on the future
best to help resolve a dispute.
person’s teacher and principal, and
» a process that needs everyone
it hasn’t been resolved with the help
» Mediators should support and build
to act in good faith – everyone
of Ministry of Education (Ministry)
on parent, caregiver, whānau and
Information
needs to be committed to finding a
facilitation, those involved can ask
school relationships and focus on
solution that works
the Ministry’s regional Director of
outcomes for the child or young
Education to carry out a review. This
» a process that ideally results in a
person. They should ensure that all
review will check that everything that
written agreement that everyone
relevant people are involved and
should have been done has been
signs
that the child or young person’s
done.
views have been taken into
» a process that does not stop
account.
Official
If the Ministry thinks it would be
anyone involved from taking
helpful, and everyone agrees, it can
further steps if the issue is not
arrange for independent mediation
resolved at mediation.
through the Ministry of Business,
the
Innovation and Employment (MBIE).
Mediation can offer a creative way to
resolve a dispute through discussion
and collaborative problem solving.
Experienced MBIE mediators will
provide this service.
under
Mediation is:
» where those involved discuss their
issue with the help of a mediator –
a third party who is trained and has
extensive experience in mediation
» neutral and independent -
mediators have no interest in a
dispute other than helping those
Released
involved to reach their best
outcomes
In partnership
with NZSTA
MAY 2018 |
1
THE DISPUTE RESOLUTION PROCESS
INDEPENDENT MEDIATION SERVICE
Advantages of the mediation
What happens at mediation
During this phase of the process,
service
those involved might want to go into
Stage 1 - Separate initial meetings
a separate session for some of the
It is:
Those involved will be given separate
time. During separate sessions, the
» professional - provided by a
rooms where they can meet with their
mediator may ask questions to help
team that has sound mediation
support people, and/or the mediator.
them understand the potential impact
experience and a strong interest in
This room can be used throughout
of different options. The mediator
education
the mediation process. Before the
will work with everyone to help
» timely
– it’s relatively quick and
mediation meeting, the mediator will
them make the best choice from the
straightforward to use
meet briefly with those involved and
available options.
1982
» inclusive – makes it possible for
their support people. They will explain
Once an agreement has been
everyone to be heard
the process and their role, the ground
reached, the mediator will help
rules for the mediation and what will
» flexible – is flexible enough to take
those involved record it in a written
be expected of everyone during the
Act
account of everyone’s needs
settlement agreement. Everyone will
process. The mediator will answer
be given a copy of this agreement.
» autonomous – everyone makes
any questions they have and get a
their own decisions
better understanding of the dispute
Stage 5 – Closure
from their point of view.
» beneficial - ideally results in a
The mediator will make a closing
shared and signed agreement
The mediator will then have a similar
statement and give everyone involved
» future focussed – helps everyone
separate meeting with the others
a copy of the signed agreement.
involved to move on
involved.
Further meetings can be arranged, if
» independent – the mediator has no
needed.
Stage 2 – The joint meeting
interest in the dispute other than
If no agreement has been reached,
helping those involved to reach
The mediator will start the joint
the mediator will help everyone agree
Information
their best outcomes
meeting with introductions and
on which issues are still unresolved
an opening statement about the
» free for parents, caregivers,
and what the next steps could be.
mediation process. The mediator will
whānau and schools (this service
then ask those involved to summarise
The mediator will inform the Ministry
is funded by the Ministry of
the issue from their point of view
whether or not the dispute has been
Education).
(make an opening statement),
resolved. Any other information will
Who can attend mediation
usually starting with whoever asked
be shared with the Ministry only with
for the mediation meeting. Those
the agreement of everyone involved.
Official
Those involved can bring a support
making opening statements will have
person(s) and/or advocate to the
uninterrupted speaking time. After
Collection and use of
mediation, but they don’t have to. An
opening statements have been made,
personal information under
the
interpreter can also be arranged, if
the mediator will summarise the
the DRP
needed.
opening statements and work with
To help the Ministry provide the
It is important to consider the voice
those involved to agree on an agenda
right type of support under the DRP,
of the child or young person in the
for the meeting, if needed.
we will need to collect personal
mediation process. They should have
information about those involved,
the process explained to them and be
Stage 3 – Exploring the issues
including the child or young person,
under
given the chance to be present, and
The mediator will encourage everyone
parent and school. We will need
take part, if everyone agrees.
to discuss the issue in more detail and
to share this information with the
to understand each other’s point of
Ministry of Business, Innovation and
view. They will do this by summarising
Employment as part of the referral
and reflecting what has been said and
process. The Ministry will also use this
asking questions. Everyone will be
information to review how, and how
encouraged to use this joint session to
well, we provide support through the
communicate openly with each other.
DRP.
Released
Stage 4 – Working towards an
Everyone involved will be asked to
agreement
sign a form giving us authority to
collect and share this information.
At this point the mediator will ask
those involved to think about a range
of options that might resolve the
dispute.
education.govt.nz
MAY 2018 |
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Document 5
The Dispute Resolution Process
Ministry Facilitation
1982
Introduction
Role of the facilitator
Facilitation is available as part of
They should ensure that all relevant
» The facilitator will not take sides
the Ministry of Education’s Dispute
people are involved and that the child
and will work with everyone
Act
Resolution Process (DRP). The DRP
or young person’s views have been
involved to help them find a
provides help for schools and boards
taken into account.
practical solution.
of trustees, parents, caregivers and
» They will not make any decisions
whānau, to resolve issues involving
Facilitation is a process that:
but will help those involved to find
children and young people with
» focuses on resolving issues early
their own solutions.
additional learning needs.
» gives those involved the
» They should support and build
If an issue has already been raised
opportunity to discuss the issue
on parent, caregiver, whānau and
and discussed with the child or young
with the help of someone from the
school relationships and focus on
person’s teacher and principal, and it
Ministry who has been trained in
outcomes for the child or young
hasn’t been resolved, those involved
facilitation
person. They should ensure that all
can ask the Ministry for help from
Information
» gives everyone the opportunity
relevant people are involved and
someone trained in facilitation. It
to step back and look at how the
that the child or young person’s
is free, informal, voluntary, locally
situation can be put right, and
views have been taken into
provided and easy to access for
consider their own actions, as well
account.
parents, caregivers, whānau and
as those of others
schools.
» The facilitator is also there to
» needs everyone to be committed
provide information to those
Facilitators help schools and the
to finding a solution that works
involved about the services and
Official
child or young person’s parents,
support available to them.
caregivers and whānau talk and work
» ideally results in agreed next steps
together to find a practical solution.
» does not stop anyone involved
Who can attend facilitation
The facilitator won’t be there to
from taking further steps if the
Those involved can bring a support
the
advocate or enforce; they’re there to
issue is not resolved.
person(s) to the facilitation, but they
help facilitate the hard conversations.
don’t have to. An interpreter can also
They support and build on parent,
be arranged, if needed.
caregiver, whānau and school
relationships and focus on outcomes
It is important to consider the voice
for the child or young person.
of the child or young person in the
under
facilitation process. They should have
the process explained to them and be
given the chance to be present, and
take part, if everyone agrees.
Released
In partnership
with NZSTA
MAY 2018 |
1
THE DISPUTE RESOLUTION PROCESS
MINISTRY FACILITATION
What happens at facilitation
Collection and use of
Step 1 – A facilitator will contact
personal information under
those involved to arrange a facilitated
the DRP
meeting.
To help the Ministry provide the
Step 2 – At this meeting, the
right type of support under the DRP,
facilitator will introduce themselves
we will need to collect personal
and explain the purpose of the
information about those involved
meeting. The facilitator will then ask
including the child or young person
those involved to summarise the
parent and school. If the issue goes to
1982
issue from their point of view, usually
independent mediation, we will need
starting with whoever originally asked
to share this information with the
for help.
Ministry of Business, Innovation and
Employment as part of the referral
The issue will then be discussed
Act
process. The Ministry will also use this
further - everyone is encouraged to
information to review how, and how
play an active part in this discussion.
well, we provide support through the
During this time the facilitator will
DRP.
actively listen to everyone involved
Everyone involved will be asked to
and ask questions to get a better
sign a form giving us authority to
understanding of the issue. The
collect and share this information.
facilitator will use a joint problem-
solving approach and a range of
techniques focused on helping those
involved find a solution.
Information
Step 3 – The facilitator will record any
agreed actions and provide a copy to
everyone.
If those involved can’t agree on a
way forward or run out of time, the
facilitator may suggest a second
Official
facilitated meeting, or suggest the
issue is referred to the Director of
Education for review.
the
under
Released
education.govt.nz
MAY 2018 |
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Document 6
Resolving problems at school
Information for parents, caregivers and whānau of children
and young people with additional learning needs
1982
Every child and young person has the right to be in education. There might be
times when you’re concerned your child’s learning needs are not being met or
Act
you’re worried about something that’s happening with your child at school or kura.
Start by talking things through with
your child’s classroom teacher. It’s
important that you talk to school
staff as soon as any problem arises.
You might also like to talk to your
family and whānau, a friend, a
community or support organisation,
a kaumatua or iwi representative,
or a Learning Support staff member
Information
you’re comfortable with.
If you’ve discussed the problem with
the staff who work closest to your
child and you’re still worried, the
following steps might help you work
towards a solution. Remember, you
don’t have to work through things
Official
alone and can have support people
alongside you if you need them.
Each school has its own processes
the
for handling complaints. Please keep
these in mind when talking to your
child’s school.
Making an appointment is very
Step 2 – Prepare
important. For a problem to be dealt
Step 1 – Know the school and
Gather information, making sure
with, the people involved need to be
who to talk to
it’s accurate (it can help to make
under able to give it their full attention. You notes). Can you describe the problem
Ask for a copy of the school’s charter
might find a busy teacher or principal
or issue clearly? Has something
or strategic plan as well as the
tries to get you to talk about it then
happened that’s worrying you? Be
school’s policy on meeting learning
and there.
specific.
support needs (previously special
Avoid this. Describe the issue in one
education), and their complaints
Find someone you trust who will
sentence and then say “I (or we)
procedure.
listen. They can suggest options and
really want to be able to discuss this
help you make a plan, and provide
If the issue is not resolved, find out
without interruptions”.
advice on how to approach the
who you should talk to next and
Making an appointment can be the
school, including who you might like
Released
arrange a time to meet. This person
most important step in the process –
to take with you for support.
might be the principal or, if it’s a
it makes it clear this is an important
larger school, another senior staff
You could also talk to specialists and
issue for you and allows people the
member, such as a deputy, assistant
people who know your child and their
time to be heard and to come up with
or associate principal.
needs.
positive solutions.
In partnership
with NZSTA
MAY 2018 |
1
INFORMATION FOR PARENTS, CAREGIVERS AND WHĀNAU
RESOLVING PROBLEMS AT SCHOOL
Step 3 – Discuss
Step 4 – Resolve
Using the Ministry’s Dispute
When you go to the meeting, take
When you’ve come to an agreement,
Resolution Process*
notes. You might find it helpful to
write it down and develop a plan
The Ministry’s Dispute Resolution
take a support person. The teacher
to put things into action. You might
Process is an extra tool to help you
or principal might also have someone
want to organise another meeting to
get a problem solved as quickly as
with them.
discuss progress of the plan.
possible. It is voluntary and there is no
Keep the discussion as free of
charge to schools or parents for this
Step 5 - If the issue is
emotion as possible:
support.
unresolved
» have a positive vision for your
You can use this process if you’ve
If you don’t feel the problem has been
1982
child’s future
spoken to your child’s teacher or
solved or you’re still concerned, you
principal, but can’t agree a way
» concentrate on resolving the
might want to contact the school’s
forward. You won’t be able to use it if:
problem
board of trustees. You could also
» you’ve already taken your concern
Act
» focus on the issue, your child’s
contact a parent support group or a
to the board and it has given you
needs and your concerns, not on
disability advocacy group for advice
its decision
the person you’re talking to
and support.
» you’ve already made a complaint to
» identify all the options and the best
If you feel you can’t solve this on your
the Human Rights Commission or
solutions for your child
own, you can ask the Ministry for help
the Office of the Ombudsman.
from a facilitator under the Ministry’s
» listen to the school’s perspective,
Ministry facilitation: If you and the
their needs and issues and offer
Dispute Resolution Process. They will
school agree, you can ask the Ministry
positive suggestions
help you and the school work through
the issue.
for help from someone trained in
» be constructive
facilitation. They will help you and
» take a long-term view and keep
your child’s school talk and work
Information
communication lines open.
together to find a practical solution.
Resolving problems at school
Official
Parent discusses
issues with teacher
and/or principal
the
If not resolved
Parent and school request review.
Parent and school can ask for
If not resolved
Ministry of Education Regional Director
Ministry of Education facilitation -
checks that everything that should have been
facilitation meeting held
done has been done
under
Director approves independent
mediation if considered helpful to
Director
resolving issue - mediation meeting
Parent can write to
recommends
held if everyone agrees
the school board
other options
Released
Parent can contact external agencies
If parent disagrees with decision
e.g. Human Rights Commission,
Decision
Office of the Ombudsman, about
their ongoing concerns
MAY 2018 |
2
INFORMATION FOR PARENTS, CAREGIVERS AND WHĀNAU
RESOLVING PROBLEMS AT SCHOOL
Ministry review: If a facilitated
You might want to take a friend or
meeting doesn’t work, you or your
support person along when you meet
Useful contacts
child’s school can then ask for a
the board.
Ministry review. This review will check
Ministry of Education:
Unless your complaint is about the
that everything that should have been
principal, the board will expect that
Auckland regional office
done has been done.
you have already completed all the
Phone: 09 632 9400
Independent mediation: If the
steps of the school’s complaints
Email:
enquiries.auckland@
Ministry thinks it would be helpful, and
procedure before bringing the matter
education.govt.nz
everyone agrees, it will arrange for
to them.
Whanganui/
independent mediation. The mediator
Manawatu regional office 1982
will hold a meeting to make sure
Making a complaint about a
Phone: 06 349 6300
everyone’s views are heard and to
school
Email:
enquiries.whanganui@
help you and your child’s school agree
If you think the board of trustees has
education.govt.nz
the best way forward for your child.
Act
not followed the school’s complaints
Nelson, Marlborough/
It’s important to remember that the
process properly, or you want to
West Coast regional office
Ministry is not there to speak on
challenge some part of the process,
Phone: 03 546 3470
anyone’s behalf or to enforce. The
you can contact the Ministry’s
Email:
enquiries.nelson@
Ministry is there to help you and
Director of Education for your region.
education.govt.nz
your child’s school solve problems
You can also make a complaint to
National office
together.
the Office of the Ombudsman. The
Phone: 0800 622 222
Ombudsman can investigate the
Email:
learningsupportmailbox@
Taking your problem to the
process the board of trustees used
education.govt.nz
school board
to deal with the complaint and make
recommendations.
If you want to take an issue to the
Student Rights Service:
Information
board, this needs to be in writing.
You can also contact the Human
Community Law
Your request needs to be received in
Rights Commission or the Office of
Free phone: 0800 499 488
time to be placed on their monthly
the Children’s Commissioner at any
http://studentrights.nz/
agenda.
time.
Office of the Ombudsman:
You might be asked to come to the
*Rollout of the Dispute Resolution
Free phone: 0800 802 602
board meeting to discuss the issue
Process is being phased, with services
Email:
info@ombudsmen.
Official
or, in some cases, the board might
initially being offered in three regions:
parliament.nz
form a committee to look into your
Auckland, Whanganui/Manawatu and
complaint.
Nelson/Marlborough/West Coast.
Office of the Children’s
Commissioner:
the
Free phone: 0800 224 453
Email: [email address]
Human Rights Commission:
Free Phone 0800 496 877
Email:
[email address]
under
Released
education.govt.nz
MAY 2018 |
3
Document 7
Lucy Jordan
1982
From:
9(2)(a)
(Confluence) <[email address]>
Sent:
Thursday, 5 September 2019 4:10 pm
To:
Leo Trompetter
Act
Subject:
[confluence] Sector Enablement & Support Hub > The Learning Support Dispute Resolution Process
There's 2 new edits on this page
The Learning Support Dispute Resolution Process
9(2)(a)
edited this page
Information
Here's what changed:
The Learning Support Dispute Resolution Process (DRP) was
Official
implemented first implemented in three regions (1) Auckland, (2)
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Taranaki, Whanganui, Manawatu, (3) Nelson Nelson, Marlborough,
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West Coast from the beginning of Term 2, 2018. We Coast from May
the
2018, and to an additional three regions (4) Wellington, (5) Bay of
Plenty, Waiakari, (6) Hawkes Bay, Gisborne from term 2, 2019. We
borderColor
#2a6ebb
will evaluate the DRP to inform future decision making/next steps.
bgColor
white
Directors of Education will decide who will have oversight of the
implementation of the DRP in their region.
titleColor
white
under
Definitions
1. Children and young people with additional learning needs are
titleBGColor
#2a6ebb
defined as those experiencing disability, difficulty,
disadvantage, or challenges to progressing learning.
1
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2. Disputes involving schools and parents are defined as issues,
concerns and complaints being referred to the Ministry’s
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solid
1982
facilitation and points beyond.
Every child and young person has the right to be in education. The
title
National Contact
Ministry of Education’s Dispute Resolution Process (DRP) is about
Act
ensuring that all children and young people with additional learning
needs are able to enrol, attend, participate and learn at school. Our
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focus is on restoring relationships so that parents, caregivers,
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whānau and schools can focus on their children and young people,
and their potential.
The DRP does this by supporting parents, caregivers, whānau and
id
owner
schools to come together and work through challenging issues for
children and young people with additional learning needs, where
these issues have not been able to be resolved at a school level.
Name
These issues and concerns may relate to the child or young person’s
Information
access, presence, participation or learning.
Team
The DRP has been developed in partnership with the New Zealand
School Trustees Association (NZSTA), with advice from the
Business Learning Support Group
Government Centre for Dispute Resolution (GCDR), and with advice
Owner
and input from other key stakeholders. Input into the process has
also been provided by the New Zealand Principals’ Federation
P
Official hone 0800 622 222
(NZPF), Secondary Principals Association of New Zealand (SPANZ)
and Parent to Parent, as well as from the education sector, disabled
persons’ organisations, parent support groups and teacher unions.
Email
[email address]
the
Feedback was also given by a group of young people from People
First.
Next
22 Aug 2020
review
Most schools will have a clear process for managing parents’ issues
due
and concerns and will provide information about this process.
However, sometimes talking to a teacher or the principal won’t
Updated
under
resolve the issue. If this happens, parents, caregivers and whānau,
or schools can access the DRP which aims to get the problem solved
as quickly as possible. It’s an extra tool to help parents, caregivers,
whānau and schools come together and solve challenging issues. It
2
Released
is free, informal, voluntary, locally provided and easy to access for
parents, caregivers, whānau and schools.
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The DRP can’t be used if:
the issue has already been taken to the school’s board of
trustees and it has given its decision
Act
borderColor
#2a6ebb
a complaint has already been made to the Human Rights
Commission or the Office of the Ombudsman.
bgColor
White
Please note that the Dispute Resolution Process follows on from the
Complaints Process. For further information on the Complaints
titleColor
White
Process, please visit the Complaints Process Service Guide.
titleBGColor
#2a6ebb
Regional contacts:
Auckland Regional Office:9(2)(a)
Roger Phillipson, Manager
borderStyle
solid
Learning SupportSystems and Services, PB4L Auckland; 09 632
94009545;
title
Tools and Resources
Information
9(2)
roger9(2)(a)
[email address]
(a)
Taranaki/Whanganui/Manawatu Regional Office: Jillian Watt, Service
Key Information on the Dispute Resolution Process
Manager, Learning Support; 06 349 6300;
DRP in Action
[email address]
DRP Outcomes
DRP General Information (for internal and external
Nelson, Marlborough/West Coast Regional Office: 9(2)(a)
stakeholders)
Official
9(2)(a)
Robyn McLeary-Hooper, Manager Learning Support; 03
DRP Information for Parents
546 3470539 1552;
DRP Information for Schools
9(2)(a) robyn.9(2)(a)
@[email address]
DRP Information for Boards of Trustees
the
Wellington Regional Office: Andrea Williams, Manager Learning
DRP Information on Facilitation for Parents and Schools
Support; 04 463 8686; [email address]
DRP Information on Mediation for Parents and Schools
DRP Independent Mediation Service Standards and
Bay of Plenty/Waiakari Regional Office: Dawid de Villiers, Manager
Timeframes
Learning Support; 07 571 7828; [email address]
Process for Sending out DRP Survey Questionnaires
Hawkes Bay/Gisborne Regional Office: Shane Grego
under ry, Service
Ka Hikitia
Manager, Learning Support; 06 833 8318;
Pasifika Education Plan
[email address]
High Level Indicative Process 1: Dispute Resolution
Process
3
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To help
To help
protect your
protect your
1982
privacy,
privacy,
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prevented
prevented
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from the
from the
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In ternet.Panel
Act
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#2a6ebb
borderColor
#2a6ebb
bgColor
#c5d6e8
bgColor
White
titleColor
White
titleColor
White
titleBGColor
#2a6ebb
titleBGColor
#2a6ebb
borderStyle
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borderStyle
solid
title
Service Guide
title
Templates and Forms
Information
Dispute Resolution Facilitation Debrief Form
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DRP Authority to Collect and Share Information Form
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DRP Mediation Intake Referral Form
Review Checklist for Director of Education
DRP Facilitation Meeting - Agreed Actions
Official
id
Service Guide
Parent Facilitation Feedback
Parent Facilitation Follow Up
tabLocation
left
Parent Mediation Feedback
the
Parent Mediation Follow Up
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label
Service Standards
4
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Service Standards
Facilitator
Act
I will contact those involved and organise a
facilitated meeting at the earliest opportunity within
15 working days after contact.
I will follow up with those involved to check if the
issue is resolved as agreed at the meeting within 5
working days of meeting.
Director of Education
If issues are not resolved, I will review the concern
and make a decision within 5 working days of
facilitation meeting.
Information
Manager Learning Support
If mediation is approved by the Director, I will
contact parents and school to check all agree to
attend mediation and send the referral to mediation
service within 5 working days from review.
Mediation Service
Official
I will complete mediation and communicate
outcome within 20 working days of referral by the
Ministry.
the
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Legislative and Policy Requirements
5
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Legislative and Policy Requirements
There are no legislative and policy requirements for the
Act
Dispute Resolution Process.
Practice Guidance
Please note that the Dispute Resolution Process follows on
from the SE&S Complaints Process.
For further information on the Complaints Process, please
visit the Complaints Process Service Guide.
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Practice Guidance - Minimum required actions
Practice Guidance - Minimum required actions Official
Please note that the Dispute Resolution Process follows on
from the SE&S Complaints Process. For further information
on the Complaints Process, please visit the Complaints
the
Process Service Guide.
Trigger
If a parent or school leader contacts the MOE about
an ongoing concern that they have not been able to
under
resolve, check that the parent, teacher and school
6
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leader have already had discussions but have been
unable to resolve the issue.
Offer a facilitated meeting between those involved,
Act
if appropriate. Provide information about DRP to
those involved, and obtain their consent to be part
of the process.
Assessment
BAU work with the Manager Learning Support to
assess whether the DRP could help those involved.
If parent and school agree, work with the Manager
Learning Support (or delegate) to identify a
facilitator and update the facilitator on
Information
issues/concerns and progress so far.
Facilitator - Contact those involved and organise a
meeting at the earliest opportunity after contact
(refer to service standards above).
Record agreed actions from meeting and send to
those involved.
If the concern is unresolved, refer the issue to the
Official
Manager Learning Support for review by the
Director, if agreed by everyone, to check that
everything that should have been done, has been
the
done.
If not resolved, and everyone agrees, Manager
Learning Support initiates a review by the Director
of Education.
Director of Education undertakes review. Director
reviews concern and makes a decision regarding
under
whether to refer to mediation if this would be helpful
7
Released
1982
to resolving the issue OR recommends other
options.
If mediation approved, the Manager Learning
Act
Support contacts those involved to see if they wish
to access mediation.
If agreed by those involved, Manager Learning
Support sends referral to MBIE Mediation Service
Outcome
Hold facilitation meeting and communicate agreed
actions/next steps
After facilitation follow up with those involved to
ensure the concern has been resolved as agreed at
Information
the meeting (refer to service standards above).
Mediation held and MBIE communicates with the
Ministry that the issue is resolved or unresolved,
and any terms of settlement/next steps that those
involved wish to share with the Ministry
Official
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Practice Guidance - Considerations
Practice Guidance - Considerations
under
8
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Please note that the Dispute Resolution Process follows on
from the SE&S Complaints Process. For further information
on the Complaints Process, please visit the Complaints
Act
Process Service Guide.
Trigger
What is the dispute/issue?
What information will you need to carry out the
facilitation, / review and mediation?
Assessment
What steps have been taken by the parent(s) and
Information
school so far? (Facilitation, mediation,
correspondence and/or meetings with the school,
written to the school board?)
Who needs to be at the facilitation and/or mediation
in your view?
What information do parents and schools need
about the DRP, facilitation and/or mediation? Official
How are the views of the child or young person
being included?
Are there any safety issues we need to be aware
the
of?
Are there any health or accessibility issues we need
to be aware of in order to provide parents and
school the opportunity to participate effectively in
facilitation and/or mediation, (e.g. hearing, vision,
speech or other disabilities or needs)?
under
Do any of those attending the meeting need an
interpreter?
9
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Are there any cultural needs that need to be
considered?
Which venue would be suitable for the facilitation?
Act
Have arrangements been made for the facilitator to
debrief with a Ministry colleague after the meeting if
needed?
Is there anything else we might need to know?
What information does the Director need to
complete a review?
Outcome
Does the facilitator/mediator have the right
information prior to the meeting and are they well
Information
prepared?
Do the parents and school representatives have the
right information about the DRP and facilitation
and/or mediation?
Have the views of the child or young person been
taken into account?
Have the cultural and other needs of the
Official
participants been taken care of?
Is the process satisfactory in terms of the DRP
principles?
the
o Focussed on child or young person and
accessible
o objective and fair
o effective, efficient, and accountable
under
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label
Practice Guidance - Documentation
Practice Guidance - Documentation
Please note that the Dispute Resolution Process follows on
from the SE&S Complaints Process. For further information
on the Complaints Process, please visit the Complaints
Process Service Guide.
Information
Trigger
Provide and ensure parents and school
representative sign authority to collect and share
information form
Provide information sheets for parents and schools
on DRP, facilitation and mediation
Official
Create DRP job in CMS and update with actions
and decisions. This includes attaching summary of
actions after facilitation and outcome of mediation
the
Assessment
Complete referral form for mediation
Record outcome and agreed actions after
facilitation
under
Send out appropriate feedback survey links to
parents, schools and facilitators
11
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Outcome
Documentation completed and filed in CMS
Act
Copies of relevant agreed actions following
facilitation and/or mediation shared with parent and
school.
Consent to participate in DRP received from parent
and school
Send feedback survey questionnaires to parents,
schools and facilitators, and three month follow up
survey questionnaires to parents and schools.
Information
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Roles and Responsibilities
Official
Roles and Responsibilities
Ministry
the
The Ministry will get involved at the request of a child or
young person, parent or school. We’ll do this once the
parent and school have discussed the issue and they have
had the chance to put things right. The DRP is about
building on schools’ processes, not replacing them. The
Ministry can also provide guidance to parents o
under n raising an
issue with a school or the board.
12
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The Ministry is not there to speak on anyone’s behalf
(advocate) or enforce. We’re there to help facilitate the
hard conversations and to help parents and schools solve
Act
problems together.It is also important to consider the voice
of the child/young person in the DRP. The child or young
person should have the process explained to them and be
given the chance to be present, and take part, if everyone
agrees.The Ministry has:
developed clear and accessible information for
parents, caregivers, whānau and schools about how
to raise issues with each other in an effective way
provided training in facilitation for selected Ministry
Information
staff
allocated funding for mediation, with this service
being provided by the Ministry of Business,
Innovation and Employment (MBIE) for the initial
rollout in three regions.
Ministry Staff – Business As Usual
Official
The DRP formalises much of the work staff already do to
facilitate challenging conversations between schools and
parents.The Ministry is contacted about issues, concerns
the
and complaints through its national and local offices. A
variety of subjects are raised. Contacts can range from
expressions of dissatisfaction about an issue and asking for
help from the Ministry, to serious and formal complaints.
Issues, concerns or complaints from parents, caregivers,
under
whānau and schools relating to a child or young person
with additional learning needs will continue to be managed
13
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by the local Ministry office. The DRP is not intended to
replace schools’ own processes so parents, caregivers and
whānau are advised to first raise an issue with their child’s
Act
teacher and principal. The DRP is only available where the
issue or concern has already been raised.
Information about the DRP is available for parents,
caregivers, whānau and schools.
Partner Organisations (NZSTA, Parent to Parent,
NZPF,SPANZ)
National office will ensure partner organisations are kept
informed of progress at a national level. The three regional
DRP implementation teams supporting the rollout are
Information
expected to work with local representatives from their
partner organisations to support implementation. Our
partner organisations will support the DRP by ensuring
information about the DRP reaches parents, caregivers,
whānau and schools.
Individuals involved in a dispute (e.g. parents,
Official
caregivers, whānau,child or young person, schools)
Everyone involved in a dispute is responsible for ensuring
that where possible the views of the child or young person
the
is heard. They are also responsible for preparing for
meetings, taking part constructively in discussions and
implementing any agreed action plan. If the issues or
concerns are still not resolved, a Ministry review can be
requested to make sure that everything that should have
been done has been done. If helpful, and everyone agrees,
under
the Ministry will consider referral to the mediation service.
Ministry Facilitators
14
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If an issue has already been raised and discussed with the
child or young person’s teacher and principal, and it hasn’t
been resolved, those involved can ask the Ministry for help
Act
from someone trained in facilitation. Facilitators help
schools and the child’s parents, caregivers and whānau
talk and work together to find a practical solution. The
facilitator won’t be there to advocate or enforce; they’re
there to help facilitate the hard conversations. They should
support and build on family and school relationships and
focus on outcomes for the child or young person. They
should ensure that all relevant people are involved and that
the child or young person’s views have been taken into
account.
Information
The facilitation process is intended to be more
informal than mediation. Ministry facilitators will
generally have the following knowledge, skills,
experience and personal qualities:
An understanding of, and experience in,
facilitation.•A clear idea of the purpose and
Official
boundaries of their role.
An ability to provide facilitation in a way that
preserves relations between those involved.
the
An understanding that they do not act as an
advocate or support person for anyone involved.
An ability to communicate and work effectively with
others who have diverse cultural backgrounds and
languages.
Knowledge of using interpreters to communicate
under
with those involved.
An understanding of the education sector and
learning support.
15
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Knowledge of the diverse and unique education,
health and care needs of children and young people
with additional learning needs.
Act
Knowledge of the services and support available,
and the ability to have the right people involved.
An understanding of relevant human rights, privacy
and education law.
Facilitators use a joint problem-solving approach and a
range of techniques focused on helping those involved
agree a way forward. The responsibility for the
implementation of any agreed actions rests with those
involved.The facilitator can help to organise the facilitated
meeting.
Information
The facilitator will record any agreed actions and provide a
copy to those involved. The facilitator is also responsible
for recording the agreed actions and outcomes from the
meeting in CMS and reporting on the issue to the Manager
Learning Support (or their delegate).
If those involved can’t agree on a way forward or run out of
Official
time, the facilitator may suggest a second facilitated
meeting, or suggest the issue is referred to the Director of
Education for review. The issue will then be referred back
the
to the Manager Learning Support. This will be recorded in
CMS.
Manager Learning Support
The Ministry’s Manager Learning Support provides
under
leadership for the DRP in their region and is responsible for
making sure facilitators are allocated appropriately and the
issue or complaint is recorded in CMS. The Manager
16
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Learning Support can also initiate a review by the Director
of Education to ensure that everything that should have
been done has been done, if asked to do so by those
Act
involved and with their agreement. The Manager Learning
Support lets those involved know the outcome of the
review, which may include other options such as the
Ministry working with them if more can be done to
supportresolution, or making a referral to the mediation
service.
Director of Education
As above, at the request of the Manager Learning Support,
the Director may undertake a review to ensure that
everything that should have been done to assist the child
Information
or young person has been done. This may include looking
at other options such as the Ministry working with those
involved, if they feel more can be done to support
resolution, or approving mediation as a next step.
DRP Mediation Service
Official
If the Director has approved mediation and those involved
agree, the Manager Learning Support will make a referral
to the mediation service provided by the Ministry of
Business, Innovation and Employment (MBIE). MBIE
the
employs trained, skilled and experienced mediators who
are members of an approved dispute resolution
organisation. They have extensive experience and well-
established procedures to manage dispute mediation
across a range of topic areas. This experience makes it
appropriate for them to be contracted to supply
under mediation
services during phase one.
17
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Frequently Asked Questions
Frequently Asked Questions
Add questions to help staff understand service and use
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