In this section we will describe the dilemma method, and show how it works in practice, using a concrete moral case deliberation as an example. We will elaborate the steps, by first presenting the example, and then discussing the aim and procedure of the step under consideration.
The setting
A group of 12 health care professionals working in the care for people with an intellectual disability sit together in the living room in one of the houses for sheltered living. The meeting is organized to discuss a problem in the support of one of the clients, Harry. All employees involved in the care for Harry have been invited. Harry is not able to attend the meeting due to his intellectual disability therefore three family members of Harry are present in order to represent both Harry’s and their own view on the case at hand. Two members of the ethical committee of the health care institution participate, one of them as MCD facilitator. Marian will present the case since she is the personal supervisor of Harry. The participants sit in a circle. There is a flipchart available for the facilitator to write down the case, the central moral question and the findings during the various steps within the MCD.
Step 1. Introduction
The facilitator welcomes the participants, especially the family. She explains the issue which will be addressed at the meeting: a problem in the care for Harry. She explains shortly the theoretical background and procedure of the MCD and emphasizes the confidentiality of the meeting. Together with the participants the facilitator formulates the aim of the meeting: elucidating the problem and finding a way of dealing with it.
During the first step, the aim and procedure of MCD is explained by the facilitator. The facilitator addresses issues such as: what is MCD, what is the aim of this meeting for the participants, what are the mutual expectations (e.g. open and honest communication), and the explanation of the steps in the method. Also the occasion and the context of the MCD are introduced.
The aim of the specific MCD meeting which takes an average of 90 min, is not determined beforehand, but determined by the group. The aim should be kept in mind by the facilitator during the process of deliberation. In case the aim is a decision by one of the participants at the end of the MCD (taking into account the views from others) the facilitator has to take care of the time in order to create space for making a reasoned decision. If the aim is to gain mutual understanding, time for decision-making is not needed. Instead, the focus of the last phase of the meeting will be on elaborating similarities and differences regarding the moral considerations of the participants.
Step 2. Presentation of the case
Marian briefly sketches the case: Harry (56 year old) was transferred one year ago from another residence in a village nearby because the sheltered home in which he lived needed to be renovated. He was told that he would return to his former home after the renovation. Harry is doing very well in his new environment. He can work in the garden. He is liked because he often helps other people. In his old residence, he had little to do, and he often was made fun of in the village. Over the past weeks, Harry repeatedly asked when the renovation would be finished, so that he can return. When he brings up the subject, Marian explains to him how well he is doing right now. But Harry keeps insisting that he wants to move back to his old home because that was promised to him. Marian indicates that she does not know what to do, how to respond to Harry’s wish. The facilitator asks Marian at which moment she experienced the problem most strongly. Marian says this was during the last conversation with Harry on this subject three days ago. The facilitator invites Marian to describe this conversation for the other attendees and explain her feelings. She pictures the situation: she met Harry in the garden, he immediately started talking about the renovation, indicating that he wanted to know when he could return. She felt uncertain about what to answer, since the renovation was nearly finished, but she wanted to make Harry understand that a return to his former home would mean that he would no longer have the current opportunities for doing work and helping other people.
This step focuses on the experience of the case presenter. The presenter is asked to describe a concrete personal situation in which he or she experienced the moral issue at stake. This can be in the past or in the present. As a case can refer to an ongoing process, the presenter is invited to focus on a specific moment within the time line of the case, in which he/she experienced most strongly his/her moral dilemma. This moment is called ‘the moment of heat’ of the case. The case-presenter is asked to provide a short but thick description of the facts of the situation at that moment. Facts include ‘feelings’ he or she experienced since feelings can be useful to better understand the moral discomfort of the presenter and since feelings often implicitly refer to certain values [30].
Step 3. Formulating the moral question and the dilemma
The facilitator invites Marian to formulate the moral question, and suggests to the other participants to help Marian in this. The following moral question is formulated: ‘Do we have to do what is promised to Harry?’ Next, the facilitator asks Marion to describe the two alternative actions from which she has to choose. She formulates her dilemma as follows:
The facilitator asks the case owner to make a list of the negative consequences of both choices. She notes down on the flip chart:
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A: When I follow the wish of Harry and he will go back to his old home, he will have less opportunity to help people and he will risk to be made fun of again.
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B: When I make Harry stay where he lives now, I will not respond to his wish and he will continue to repeat the wish.
In this step, the case-presenter’s underlying moral question is made explicit. By formulating his/her moral question, the other participants can better understand what is at stake and what (morally) matters for the case-presenter.
Often health care professionals struggle with formulating the moral question. At such moments, the MCD facilitator might ask: What is at stake for you in this situation? What worries you? What makes you feel uneasy? Furthermore, to make the moral question more concrete, the case presenter is asked to formulate the situation in terms of a dilemma: what are the concrete actions you could choose for in this situation? In a dilemma, there are always two options which mutually exclude one another. Each of the actions has negative consequences. Formulating explicitly the negative consequences of each of the two options makes clear what is at stake for the case presenter.
Step 4. Clarification in order to place oneself in the situation of the case presenter
The facilitator invites all participants to ask questions for clarification concerning the situation. The following questions were asked:
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What was the attitude of Harry when he mentioned his wish?
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How firm did he express his wish?
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Will the old housemates of Harry return to the former home?
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What kinds of people make fun of him?
The fourth step aims to foster a clear understanding of the situation, so that the participants can put themselves in the shoes of the case presenter. The aim of clarification is to (re)construct as clearly as possible the situation presented by the case owner in order to investigate the moral dilemma. Hence, not all facts and all clarification questions are relevant; only those related to the dilemma. All participants put themselves as much as possible in the position of the case-presenter at the moment of heat. This is important because all the participants later will be invited to answer the dilemma question of the case presenter for themselves: how would I answer the moral question if I were in Marian’s situation and how do I justify my own answer? Within MCD, participants try to answer the dilemma of the case presenter. In this meeting, Marian asks what to do. So the participants have to ask what they think they themselves should do in such a situation. Of course, in this case, Marian’s final choice for action A or B is indirectly related to the question how Marian conceives the best interest of Harry, and also how Harry thinks about that. That is important as well, and will get attention in the next step. The clarification in this step does not aim at getting insight into what other people, such as Harry, think, but to better understand the dilemma experienced by Marian, and to prepare the participants to put themselves in her shoes.
Step 5. Analysing the case in terms of perspectives, values and norms
The facilitator asks the participants to make explicit the values of the various stakeholders in the case, related to the dilemma. For each value, the group is also invited formulate a normative rule of action (a norm) which follows from the value. She notes down the results systematically on the flip chart.
Perspectives
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Values
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Norm
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Marian (personal supervisor)
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Happiness
Being consequent
Honesty
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I have to foster Harry’s happiness
A promise should be kept
I should tell Harry when the renovation of the house is finished
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Frederic (team member)
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Autonomy
Well being
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I/we (as a team) have to respect Harry’s wish
We must take care for Harry’s development
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Lizz (team leader)
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Autonomy
Participation
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We should follow Harry’s wish
We should foster Harry’s contribution to social life
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Harry
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Independency
Helpfulness
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I must take part in decisions about my place of living
I want to help others
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Family
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Involvement
Protection
Self esteem
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We need to keep an eye on Harry
We must ensure that Harry does not get into trouble
Harry ought to be not harassed
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The health care institution
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Self-determination
Support
Involving social network
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Our clients should decide about their lives
We should support the clients in realizing their personal goals
We should actively involve the family in the care for Harry
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To gain insight in the complexity of the case, the participants investigate the values and norms of the stakeholders involved, and jointly construct a perspectives, values, and norms diagram. That means that the participants make a list of the relevant perspectives (stakeholders), and for each perspective investigate what are important values related to the dilemma, and what action should be done to realize a specific value (this we call a norm). In case the group seems to overlook an important stakeholder, value or norm, the facilitator can verify this by asking questions to the participants. For example, “do you think that X would be a relevant perspective which should be included?”. With respect to the representation of a perspective that is not actually attending the MCD session, the MCD facilitator needs to challenge the participants by asking whether they think the absent perspective is represented well enough. The facilitator or the group can also suggest to plan additional actions after the MCD session in order to check (again) whether the norms and values discussed here (still) fit with the absent perspective, especially when the representation plays a central role in the final answer of the moral question (as is the case in this example with Harry). Obviously, in situations when we deal with representing persons with a severe mental handicap or disorder (e.g. dementia) this can be challenging.
The analysis of the perspective of the case presenter will entail values and norms which either support choice A or choice B. Not all stakeholders need to have values and norms which go in both directions. Some will have a clear preference for one of the options, and experience no dilemma themselves. Only values and norms related to the dilemma or moral question are relevant here. The values and norms are not formulated in general; they are always related to a perspective, and expressed in the way they are concretely experienced by the stakeholder under consideration. Thus, the values are not derived from moral theory, but from lived experience.
Step 6. Looking for alternatives
The facilitator asks the participants to formulate alternative actions. What other options can be thought of besides making Harry return to his former home or having him stay where he lives now?
Various options are suggested:
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Make Harry live with his family
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Try a return for one month, and evaluate
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Do not address the issue anymore
The aim of this step is to have a brainstorm in order to get a view on possible courses or actions which lie beyond the dilemma. The focus is on stimulating creative out-of-the-box thinking (not on the desirability or feasibility of the alternatives). Some of the alternatives mentioned might be useful later, when participants answer the moral dilemma question for themselves and reflect on their underlying considerations.
Step 7. Making an individual choice and making explicit one’s considerations
The facilitator asks the participants to take pen and paper and individually answer the following questions:
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a)
It is morally justified that I choose option … (A, B or an alternative).
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b)
Because of…. (which value or norm?)
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c)
Despite of…. (which value or norm?)
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d)
How can you limit the damage of your choice mentioned under c?
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e)
What do you need to act according your answer under ‘a’?
The facilitator asks who has chosen option A. Carleen, the physiotherapist of Harry and a team member, says her choice is option A and reads out what she wrote down:
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a)
I think it is morally justified to act in line with option A (moving back)
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b)
Because of Harry’s self-determination
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c)
Despite of Harry’s happiness
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d)
I would intensify support and try to foster social participation in the village (I would visit meetings together with him et cetera).
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e)
I need support and agreement of the family. I also need financial means to deploy more staff.
Next the facilitator asks who chose for option B. John, a team member and caregiver of Harry, answers first and reads out:
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a)
To me it is morally justified to act in line with option B (not moving back)
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b)
Because of Harry’s happiness and my responsibility; I am employed here and it is my duty to make the clients happy instead of unhappy.
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c)
Despite of hurting Harry’s trust in us (breaking a promise)
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d)
I would admit not being able to keep the promise and meet Harry’s wish in another way, for example by going with him to the garden fair.
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e)
I need the support of all team members; we should all choose the same option.
The facilitator asks the other participants what choice they made and what considerations can be add to those of Carleen and John. The facilitator notes down all the answers on the flip chart.
The aim of this step is to have the participants formulate their personal views, values and norms in relation to the case. The moral justification they give is a personal viewpoint on what is morally right, including the moral arguments why they conceive this specific answer or action as morally right. Later on in the MCD process, every moral justification of the MCD participants can be further explored and criticized in order to further learn from each other’s reasoning. The aim of this step is not to give advice to the case-presenter (‘you should do this’), but to examine one’s own thinking concerning the central moral question in the case. The participants chose between option A and B, or an alternative (either mentioned in step 5, or not) including the main value or norm that motivates their choice. Here, referrals to existing normative frameworks (like policy’s, laws or professional codes) can also be mentioned. Furthermore, each of them reflects on the value and norm which cannot be realized, but is still important, and in need of repair. Each participant also makes explicit what he or she needs to repair the so-called ‘moral damage’ which is often an inherent feature of a moral dilemma.
Step 8. Dialogical inquiry
Most of the participants have chosen option B, not making Harry return. The values mentioned are compared. Some, like John, consider ‘happiness of Harry’ the main value. Others have mentioned ‘participation in society’. The family members all have chosen option B. For them it is important that Harry is protected against been bullied.
The facilitator asks what value is under pressure for those who have chosen option B. For most participants this is ‘self-determination’. This value motivated Carleen to choose option A. The facilitator asks Carleen to elucidate her understanding of self-determination in this specific situation. Carleen says that to her self-determination means people should be able to make choices, even if these might seem wrong. She highly values Harry’s wish to return to his former home, given his firmness and tenacity. John remarks that Harry’s tenacity seems to be related to his conviction that promises should be kept. According to John, Harry’s notion of respect does not primarily mean that he wants to choose by himself where to live but that promises which have been made to him are kept. Others recognize this. The participants conclude that showing respect to Harry does not necessarily mean following his wish, but taking into account the importance he attaches to promises.
The facilitator summarizes the dialogue and concludes that the main values in the dilemma have been changed. The value that is opposed to happiness and participation is not self-determination but trustworthiness.
In this step, similarities and differences between the individual considerations are examined. Sometimes, two participants make a different choice in the dilemma based on the same value. On the other hand, participants may choose the same option in the dilemma based on different values or norms. Identifying similarities and differences may lead to a better understanding of one another and a better insight in what is important in the specific case. Thus, the participants reflect on their own values and learn to see the relevance of other positions. In dialogue, they may reach a new and richer view of the situation. A dialogue is distinguished from a discussion. In a discussion, the participants try to persuade each other that their own position is superior. In a dialogue the participants focus on understanding and examining each other’s viewpoint. A dialogue requires a critical yet constructive attitude of listening and asking questions.
Step 9. Conclusion
The participants go into the consequences of the outcome of the previous deliberation, which resulted in the insight that Harry’s wish to return is not induced by his attachment to his old home but by his conviction that promises should be respected. They conclude that this is not a good basis for organizing a move. Thus, the decision is to make Harry stay where he lives now. It is also decided that it is necessary to do justice to the importance which Harry attaches to promises. The team leader proposes to ask the personal caregiver of Harry in his former home, who made the promise, to discuss this with Harry. She expects Harry will accept an explanation by the former caregiver that the promise was premature. If this will not work out in a satisfactory way, a new MCD meeting will be arranged.
In this step, the participants are invited to sum up conclusions and make a plan for action. The facilitator returns to the moral question which was formulated at the start of the MCD, and asks the group to make explicit the insights which have been reached. These insights can relate to the issue at stake, to the joint reflection process, or to some basic key principles that can be a starting point for a similar case in the future or a corner stone for developing policy or guidelines concerning the more abstract more issue that lies behind this specific case. Reaching consensus is not necessary; the conclusion can also be that there is a plurality of ideas which lead to questions what this plurality means for daily practice and how to deal with it. In case one idea or participant is dominant, the facilitator might ask questions to encourage critical reflection among the participants. This may open the dialogue again and lead to new ideas and conclusions. A critical and Socratic attitude of the MCD facilitator is crucial here. Sometimes, conclusions should be understood as preliminary conclusions because a referral to an external expert or another perspective is needed after the MCD sessions. In case of limited time, this step can be shortened to a brief inventory of the conclusions of the participants or a summary by the facilitator.
Step 10. Evaluation
The facilitator evaluates the MCD with the participants. What are the results of the case discussion and the MCD? How was the process experienced? The attendees indicate they acquired a better insight in the dilemma and a better understanding how to take Harry seriously without acting immediately in order to meet his wish of returning to his old home. The family feels satisfied because their worries have been taken seriously. All participants mention they experienced the conversation as open and constructive.
Evaluation is important in order to learn from positive and negative learning experiences regarding the process and the result of the moral deliberation. This may also lead to changes concerning the skills, attitudes and procedure next time, taking into account limitations experienced.