Teaching Mediation as a
Conflict Resolution Process:
A New Agenda for Responding
In my observation of students
advancing through our educational system, I have noticed that students
who have the ability to deal effectively with conflict tend to have a stronger
perception of their abilities, talents and, subsequently, themselves. This
perceived ability to deal positively with conflict situations seems to
extend to the adult population. As adults, we seek out and admire those
individuals who we perceive can help us when conflict arises in our environment.
If such a perception is accurate, it is incumbent upon the educational
system to teach students how to effectively deal with conflict in their
school and home situations. The use of mediation as a conflict resolution
process can be established as an ongoing program within the school setting.
This article will focus on the promotion of mediation as a conflict resolution
process in our schools. Strategies to develop and
implement the program and ongoing opportunities for participants to
improve their mediation
techniques and skills will be presented.
What is Mediation?
Mediation is a process-oriented approach in which neutral individuals
assist those in conflict to work
out a resolution to the issues both directly and indirectly related
to the problem. Mediators are trained
to provide the necessary structure for the forum to take place. Often,
the process is the antithesis of
the day-to-day interactions of both staff and students in the school
setting. Most of the conflict
resolutions in our traditional school settings are blame-centered.
Judgment is usually conferred upon
the situation without necessarily allowing the disputants to talk with
each other in a structured setting
that promotes a mutually-agreed upon solution to the problem. The purpose
of the mediation
experience is twofold: first, to allow the current situation to be
resolved; and, secondly, to model how
to deal with future conflict situations. Most disputes in the school
setting involve a history of conflict
that usually explodes at a point when an individual has run out of
traditional options. Under most
conditions, the mediation process is voluntary and, if both parties
are not willing to participate, the
traditional institutional consequences will be applied.
Setting Up a Mediation Program
It is my belief that the most effective mediation programs are set
up using current school staff and
students. Although initial training may be obtained by outside personnel,
the success of a program is
dependent upon the knowledge and availability of on-site individuals.
I recommend that interested
staff begin by participating in a Community Mediation Center training
program. This will provide an
overview of the community model and the basics of the mediation process.
This training will also
assist interested staff members in setting up a program that is unique
to the educational setting.
The next step is to establish an organizational committee to develop
a proposal for the school
program. Parent, faculty, administration, student, staff, and community
representation would be
desirable on this committee. The purpose of this committee would be
to become knowledgeable of
the mediation process and ideally visit other schools who have successfully
set up a program. The
committee would also need to make decisions regarding the goals of
the program, the selection of
participants, and the continuum of resources needed to maintain the
program. The latter maintenance
component is critical in an age where school programs seem to come
and go so quickly.
As for funding sources, schools have been able to acquire funding through
local parent organizations
(PTA, PTO), student government organizations,
building leadership teams, special grants, and local
service organizations.
The proposal also needs to address the training model that will be used
and the development of the
school procedures to carry out the program. Record keeping procedures
will need to be defined for
both program implementation and evaluation.
There are various options for the selection of participants in the mediation
program. My
recommendation is a combination of both staff/peer and self-nomination
procedures with final
selection by a committee with stated criteria. Such criteria should
include a diverse training population
with other applicants being accepted to be trained at a later date.
It is advantageous to have a varied
adult and student mediator list to select from to assign the best individuals
for a mediation session.
A plan is needed to present the program to the faculty, staff, community,
and student population.
Options include grade-level presentations or inclusion in a social
studies correlated subject area
curriculum. These presentations should include both student and staff-trained
participants. An
informational video could be developed to supplement the presentation.
The use of brochures and
posters can be an effective information dissemination process.
Development of the Initial Proposal
The initial proposal should begin with the intended outcome that the
mediation program will directly
address. This component is extremely important since such goals will
become the criteria for success
when the program is evaluated. Program goals can center on school management
issues including the
reduction of physical confrontations, school suspensions, classroom
appropriate behavior
expectations, and alternate consequences for traditional school rule
infractions. After the program
goals are established, the proposal should include the following:
Cost Breakdown. The costs of such
a program need to be enumerated. Included in costs should be
initial training, coordination of training, substitute staff required
for training, and any other indirect
costs including staff time.
Training Mediators. The training
of mediators usually involves a 15-hour training model. In
addition, new mediators should be allowed to observe mediation sessions
before acting as a
mediator. The training sessions could also be culminated in the establishment
of viable teams or
partners that will function as mediators after the training program.
I suggest that the 15-hour training program be set up with five three-hour
sessions. A model schedule
could be a Tuesday morning and Thursday afternoon schedule for two
weeks with a final session on
a Tuesday morning. This scheduling would address the problem of staff
and students being taken
from the same classes each day of the training. The final session could
also include experienced
mediators to work with the new trainees. The training should consist
of the following components
necessary in the building of mediation skills:
Overview of the Mediation Process. This introduction should include the definition and explanation of the mediation process. Activities that develop training group cohesiveness would be appropriately initiated at this time.
Program History.
Participants should be given an overview of the history of the school mediation
program, and the basic organization and implementation of the program
at the site.
Understanding the Nature of Conflict.
Participants should be given background information and
role play activities to understand the nature of conflict. Situations
involving basic needs not being met
and differing value systems should be explored.
Types of Conflict. Mediators who
are being trained need to explore the differing ways people
respond to conflict. Typical responses such as avoidance, direct confrontation,
and open
communication should be explored. Perhaps the most important skill
beyond listening is the ability to
develop superior questioning techniques. This skill will allow mediators
to remain neutral and provide
the stimulus questions for the participants to communicate toward resolution.
The following
open-ended questions can be used in encouraging the participants to
express their reactions:
"Tell me some more ..."
"What about ..."
"How do you feel about ...
"Let's go back to ..."
"When did this all start ..."
"How long have you been feeling this way "
"What did you mean by ..."
"Please explain ..."
"Let me understand..."
"Correct me if I'm wrong ..."
"Then what happened..."
"I noticed you were trying to say something . "
"What would you like to happen ..."
"What do you feel is not being understood ..."
"What do you need to make everything OK again
. . ."
The Mediation Process
The mediation following is a standardized format for the mediation
process in the school setting:
Introductions. The mediators, disputants,
and any other individuals present should be introduced.
Other participants who may observe me include new mediators and school
staff. In this instance, all
present must agree that this observation is permissible. If a peer
mediation model is selected where
both mediators will be students, it may be advisable for an adult staff
member to sit in and observe
such mediation if the need arises.
Disclaimer. Both mediators should
make a verbal disclaimer of any bias in being assigned to the
mediation. If either of the mediators knows or has a relationship with
either disputant, this should be
stated at this time. Both disputants should be asked if they have any
problem with such a situation. In
my experience, disputants tend to view the assigned mediators as fair
and seldom express any
concern over a mediator knowing one of the disputants.
Role of Mediators. The mediators
then state their role of helping disputants reaching their own
resolution of the situation. It must be made clear that the mediators
are not there to judge or impose a
decision. In most situations, the mediators can inform the participants
that they have no prior
knowledge of the situation that brought the disputants to the table.
Proposed Outcome. The proposed outcome
of a mediation is to develop a signed agreement that
addresses the current problem or problems and to improve the manner
in which future situations with
the disputants are dealt with.
Establishment of Ground Rules
Order of Speaking. At this time
the mediators insure the participants that each person will have an
opportunity without interruption, to tell what happened. The issue
of which person speaks first can be
decided by the mediator and both parties can be asked if they have
any objection.
Rules of Courtesy. The basic rules
in mediation include: one person speaking at a time, be it the
mediators or disputants; appropriate language by all participants;
and no interruptions by all present.
Note Taking. Notes can be taken
by all participants in the mediation. Participants are requested to
jot down responses or question while other are speaking instead of
getting angry or interrupting
another person.
Confidentiality. Everything said
in the mediation session is confidential. The only exceptions are
issues arising regarding child abuse or potential suicide. Participants
and mediators agree to such
restrictions and rarely, if ever, have I become aware of the confidentiality
issue being violated in the
school setting. All notes taken during the mediation are visibly destroyed
after the session.
Affirmation. After the review of
all the information regarding the mediation session, each disputant is
asked, "Do you want to resolve this situation?"
An affirmative verbal response of "yes" is needed for
the mediation to continue. This affirmation can be used again during
the mediation session if rules are
consistently broken or both parties become deadlocked. This is accomplished
by reiterating the
affirmation question and obtaining the verbal affirmative response
for the session to continue.
Mediation Agreement. At the conclusion
of the session, the written agreement is created. Under
normal circumstances, one mediator can write the agreement while the
other mediator helps the
disputants in creating the terms and language of the agreement. The
agreement should have each
entry numbered so when it is reviewed, specific portions can be easily
located by number.
In general, because of the confidentiality issues, I suggest that the
situation that created the mediation
session be stated in vague terms. A physical confrontation can be referred
to as "the situation" to
support confidentiality issues if they were to arise.
The format of the agreement should begin with a statement from one disputant,
followed by the
second statement from the other disputant. The third entry should be
a statement that involves both
parties. The mediators should attempt to balance the agreement items
between both parties. In
addition, the agreement should contain a statement regarding what others
should be told about the
mediation. Usually a statement such as "We will
tell others that the situation is resolved" will suffice. In
addition, a statement concerning how future situations will be handled,
as well as who should receive
copies of the agreement by mutual consent, will draw closure to the
situation. Dates and times of
subsequent sessions if needed should be included. Disputants should
be able to leave the session with
a copy of the agreement.
Filing of Agreement Forms. All agreement forms should be kept in a confidential file that is not part of a student's school file. This information is for statistical purposes.
Participants must also learn to deal with any anger displayed by the
disputants in the mediation
sessions. This is accomplished by instruction in the nature and redirection
of anger in the training
session.
The Mediation Location. The physical environment of the mediation session is important in fostering the resolution of the conflict. A table should be used to portray the formality of the process with mediators and disputants able to look at each other during the process. The environment should be free of exterior distractions and interruptions.
Mediation Packets. Mediators should
be equipped with a packet that includes the outline of the
process, paper and pens for taking notes, and any other materials necessary
for the mediation
session.
Length of Session. Usually a definitive
amount of time is established for the mediation process to
take place. The use of a forty-minute block of time is usually sufficient
for a mediation. The time
limitation forces participants to focus on the resolution of the problem
within a given time frame. If
additional time is needed, another session can be scheduled.
The training is concluded with role-play practice mediation. In most
situations, role play mediation are
more difficult to resolve than actual situations. Participants should
be given the opportunity to serve as
both disputants and mediation in the practice sessions.
Record Keeping and Evaluation
The initial mediation request form can be used as the tracking sheet
and can provide information for
the evaluation of the program. Such a form could contain the following
information:
Date of mediation request
Scheduled date for the mediation session
Names and grade levels of the students involved
Type of Conflict (physical conflict, rumor or gossip, threat, loss/destruction of property)
Location of conflict (bus, classroom, hallway, cafeteria, outdoors)
Mediators assigned to the mediation
Information regarding who requested the mediation(student, teacher, counselor, administrator)
I would also suggest a follow-up contact to each disputant two weeks
after the mediation to ascertain
that everything was worked out. The information regarding grade levels
of disputants, type of conflict,
location of conflict, and the mediators assigned can be used for statistical
data.
Establishment of a Mediation
Organization
A school may want to establish a mediation club or organization to
provide an ongoing group of
students to use as mediators for the school program. This club could
also serve as a forum where
staff and students can practice mediation skills. In addition, an established
organization could be
called upon to cover a mediation office and assist in the scheduling
and follow-up of mediation
activities.
Summary
The establishment of a mediation program to provide instruction in
communication and practice in
skills involved in conflict resolution can enhance the climate of any
school program. The program can
be initiated and maintained with a minimum of expense and resources
and provide benefits well
beyond the parameters of the classroom and school environment.
Resources
Richard Bodine and Donna Crawford. Creating the peaceable school: A comprehensive program for teaching conflict resolution. (video) Available at www.researchpress.com
Richard Cohen (1995). Students resoving conflict: Peer mediation in schools. Scott-Foresman Company. Call 1-800-370-2515
RCCP National Center Resolving conflict creatively program. http://esrnational.org
Fred Schrumpf and Donna Crawford. The peer mediation video: Conflict
Resolution in schools. (video) Available
at www.researchpress.com
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