Frequently Asked Questions

What is the MSEMP?
What is mediation and why would I need it?
What happens in the mediation process?
What is facilitation and why would I need it?
What is a resolution session?
How much do mediation or facilitation cost?
Who are the mediators and facilitators?
What are my legal rights to the procedural safeguards under IDEA?
How do I know that mediation or facilitation work?
What do I do if I need services?
How do I contact the center that serves my area?

What is the MSEMP?

Young people with special needs depend on the collaborative efforts of parents, educators and professionals to help them succeed. The Michigan Special Education Mediation Program (MSEMP) provides mediation and facilitation services that enable all involved to do their best work. It also conducts workshops that enhance skills in collaborative problem solving.

Since 1996, the MSEMP has helped parents and educators discuss and resolve issues relating to Individualized Family Service Plans (IFSPs), Individualized Education Programs (IEPs), and most recently, resolution sessions. The program provides neutral mediators and facilitators to aid communication during difficult or complex discussions. They always leave the parents and educators to make their own decisions.

MSEMP workshops provide training in skills that improve listening, brainstorming and consensus building. Their goal is to help parents and educators develop solutions on their own in the best interest of the child.

The MSEMP helps all concerned avoid due process hearings and complaints. Mediation and facilitation save time and money and often result in solutions that better fit a child’s circumstances. And MSEMP services are free to users.

Congress in 1997 determined that disputes were better resolved in a collaborative rather than an adversarial manner. It revised the federal law that governs special education and early intervention to require that mediation be made available for resolving disputes. In 2004 it reinforced this position with new measures to encourage early dispute resolution.

The Michigan Department of Education, Office of Special Education and Early Intervention Services fully supports this approach. It provides a grant to Dispute Resolution Education Resources, Inc., a Lansing-based nonprofit organization, to manage its federally funded dispute resolution program.

The MSEMP makes services available for individuals from birth to 26 through a network of service centers that serves all 83 Michigan counties. To obtain services, simply call 1-800-8RESOLVE to be directed to the center for your county. Or click here to see a center directory.

For further information you also can contact the MSEMP administrative office at (517) 485-2274 or msemp@tds.net or one of the MSEMP’s regional representatives:

Northern Michigan
Wanda Joseph, (231) 477- 5381

Central Michigan
Cheryl Levine, (517) 485-2274

Southeast Michigan
Maureen Cobb, (586) 790-6037

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What is mediation and why would I need it?

Mediation is a collaborative means of resolving disputes. When parents, educators or service providers disagree over a special education or early intervention matter, they can try to find a solution together with help from a neutral third party. During the mediation process the parties share ideas and attempt to develop a solution that meets the needs of the child and is workable for all concerned. The mediator aids communication, but the parties make all the decisions. A successful mediation results in a written, signed agreement that can be incorporated into an IFSP or IEP or enforced in court.

Mediation is voluntary. The parties decide whether they wish to participate and there is no penalty for declining. Mediation also is confidential; discussions during mediation cannot be used as evidence in later legal proceedings. This promotes candor during the process so that participants can discuss and resolve the real issues.

Mediation is less costly and less time-consuming than a due process hearing or a complaint investigation. Indeed, mediation through the MSEMP is free to users, it takes less than a month on average to complete a case, and the average mediation session lasts less than two hours. Mediation also is much less intimidating for parents. Its informality encourages constructive participation by all involved.

Mediation can be requested by a parent or an educator for any special education or early intervention issue at any time. It can be used as a means of early resolution, though the parties are always free to pursue a hearing or complaint. To obtain services, call 1-800-8RESOLVE or click here for a service directory.

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What happens in the mediation process?

Mediation sessions ideally include all participants necessary to making and implementing a decision. They are joined by one or two trained, neutral mediators. The sessions are casual and informal.

At the outset of a mediation session, the mediator explains the process and sets the ground rules for the conversation so everyone knows what to expect and how to contribute. The mediator may ask the participants to sign a confidentiality agreement. By doing so the participants acknowledge that most discussions in mediation cannot be used as evidence in future hearings or court proceedings. Confidentiality does not protect information related to criminal activity, including child abuse or neglect or the intent to physically harm another person.

After the opening, the mediator asks the participants to describe the dispute from their individual perspectives. They are asked what issues need to be resolved, the order in which they should be addressed if there are multiple issues, and what ideas they might have for resolving them.

When an agreement is reached, the mediator will draft the terms and ask the participants to review and sign the document. If an agreement changes a provision of an IEP or IFSP, it becomes an addendum to that document and supersedes it. A signed mediation agreement is enforceable by law.

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What is facilitation and why would I need it?

Facilitation refers to the use of specialized skills to run a meeting in a fair, inclusive and organized fashion. It can be used in any IFSP or IEPT meeting, or in a resolution session. A meeting leader may employ facilitation skills or a neutral third-party facilitator may be asked to do so.

Facilitation is used to ensure that meeting participants interact respectfully, have ample opportunity to express their views and ideas, and focus on developing the appropriate IFSP or IEP for the child involved. It can help participants avoid disputes or resolve them before they escalate. Facilitation can increase the chances of achieving a signed IFSP or IEP agreeable to all parties.

An independent, neutral facilitator can aid communication when issues are complex or relationships among the participants are strained. A facilitator also can free a meeting leader to focus on the issues at hand while the facilitator runs the meeting.

Independent facilitators remain neutral throughout the meeting. They have an understanding of special education law and regulation through training provided by the MSEMP. But they do not serve as participants, attorneys or advocates. They have no input on substantive matters and make no decisions. The participants control the outcome.

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What is a resolution session?

A school district is required by IDEA 2004 to hold a resolution session, or meeting, with a parent who requests a due process hearing before the hearing can proceed. The meeting provides the school district and the parent with an opportunity to resolve issues together without the time and expense of a hearing. A neutral facilitator may aid communication between the parties during a resolution session if the parties so desire. If no agreement is reached, the hearing moves forward. School districts are responsible for scheduling resolution sessions.

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How much do mediation or facilitation cost?

Facilitation and mediation through the MSEMP are free to parents and educators. By comparison, a typical due process hearing may cost up to $40,000 or more and a complaint may cost about $10,000 to investigate and resolve.

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Who are the mediators and facilitators?

The MSEMP maintains a roster of approved facilitators and mediators. These individuals come from a variety of professional backgrounds. All mediators have the same qualifications, which include satisfactory completion of the following:

• A 40-hour general mediation course
• A 16-hour special education mediation training
• A 10 hours internship (watching others mediate)
• 25 hours of mediation experience in other types cases
• Update training every two years for special education mediation issues

Some facilitators also have satisfactorily completed a new advanced 16-hour IEP facilitation training program.

A complete listing of approved special education mediators is available at every Community Dispute Resolution Center.

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What are my legal rights to the procedural safeguards under IDEA?

Mediation can be requested for any special education and early intervention dispute at any time. Since mediation is voluntary, both parties must agree to its use. Due process hearings, the complaint process and the courts always remain available. The use of a neutral facilitator during IFSP or IEPT meetings is not governed by IDEA 2004, but remains voluntary and is based on the consent of the parties.

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How do I know mediation or facilitation works?

Facilitation and mediation are highly effective in fostering collaborative solutions. The table below shows that most of the time, when the parties sit down with a neutral MSEMP facilitator or mediator, they can resolve the issues between them.

When measuring success, keep in mind that in many instances, mediation can help the parties resolve some if not all issues. That means fewer issues go forward to a hearing or to court.

Also note that mediation is a voluntary process. Once involved in the process, the participants are not required to sign an agreement or end their dispute, and the mediator has no authority to render a decision. The success rate for mediation therefore will rarely be 100 percent.

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What do I do if I need services?

You can obtain information or request services through the MSEMP by calling our toll-free phone number; 1-800-8RESOLVE. This will connect you with the mediation center that provides MSEMP services to your county. Or, complete the online Request for Services form.

Information also is available elsewhere on this Web site, through our brochures and articles or through the MSEMP’s regional representatives:

Northern Michigan
Wanda Joseph, (231) 477- 5381

Central Michigan
Cheryl Levine, (517) 485-2274

Southeast Michigan
Maureen Cobb, (586) 790-6037

The MSEMP also provides presentations and skill-building workshops to groups of all types and sizes. We can tailor the material to your group’s needs and time frame. Examples of the trainings available are: Communication techniques in special education discussions, problem solving before disagreements become disputes, MSEMP program and services, and facilitating IFSPs, IEPs and resolution sessions.

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How do I contact the center that serves my area?

Call 1-800-8RESOLVE or check the MSEMP service directory.

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