Source: Frank Cutolo (1996). Perceptions, Volume 30, Number 1. (used with permission)

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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Thanks Frank.