Dispelling Myths About Collaborative Approaches

Some educators and parents voice concern about the use of IEP facilitation or mediation. It’s always best to know what these processes involve before deciding to use them. Here is a brief explanation of some common misperceptions.

MYTH: Using facilitation and mediation is a sign of failure. FACT: Pursuing the best interest of the child is never a failure on anyone’s part. When parents and educators reach an impasse, it merely raises the question “What is the best path to success?” Facilitation and mediation improve communication so parents and educators can travel that path together. They can share ideas and develop mutually supported solutions that move everyone ahead.

MYTH: IEP facilitation and mediation take decision-making control away from educators and parents. FACT: Facilitation and mediation are designed to keep decision making in the hands of educators and parents who have been unable to reach agreement without assistance. Both processes encourage parents and educators to share their best ideas for resolving issues in a way that benefits the child and others involved. Facilitators and mediators are not allowed to make decisions; educators and parents are the only decision makers at the table.

Parents and educators give up decision-making control when they choose to pursue a hearing or formal complaint, or go to court. In those instances, decisions are made by hearing officers, complaint investigators, or judges. These individuals are generally unfamiliar with the child involved and may be less aware of the local options and resources available to resolve the dispute. When they make a decision, one party wins and one party loses. Even the winner may not be satisfied with the results.

MYTH: Facilitators and mediators are outsiders. FACT: MSEMP facilitators and mediators are trained in special education law and regulation and are familiar with special education terminology. They have many hours of experience and some have extensive training in other fields in which parents and professionals must work together for the benefit of children. They have mediated many disputes involving difficult personal issues.

Mediation, by law, is confidential in order to encourage candid discussions that lead to the resolution of the most important issues. Mediators can not be called to testify about mediation discussions at a later legal proceeding.

Attorneys, hearing officers, and judges are outsiders as well. They work in settings where issues, arguments, and decisions are available to the public.