Assignment 17 Lesson 14 q6
Mediation Process
Research and describe the mediation process. Use my paper, and information from other websites as a starting point. Write about the following issues and others of your choice: Are mediation and negotiation skills important life skills, or are they just reasonable ways to talk about a conflict?, or are they, perhaps, something else to you? Do they have any political, spiritual and/or philosophical overtones?, describe them. Should all students and faculty be required to master them? If so, how should they master them?
The mediation program is a conflict resolution education program in which selected individuals are trained in the principles and foundation abilities of conflict resolution and in the mediation process in order to provide neutral third-party facilitation to assist those in conflict to reach a resolution. (Mediation Program Approach) Mediation is the process by which a third party helps disputants negotiate a mutually acceptable settlement of their dispute. (Maxwell)
Mediation is a process that mediators facilitate rather than force upon the disputants. A mediator is not a judge, makes few if any decisions, and offers few if any opinions. In mediation, the disputants own the problem and are totally responsible for developing solutions to the problem. A skilled mediator will help disputants to see their problem fully and to see their way to a mutually satisfactory solution. (Curwen)
The mediator would take the following steps when using the mediation process:
Introduction
Have participants introduce themselves.
Explain the mediator's role.
Explain the ground rules.
Explain steps of mediation.
Ask for any questions before you begin.
Telling the Story/Problem Identification
Both parties tell their side of the story to the mediator.
Summarize both parties' side of the story.
Make sure you understand the conflict.
Make sure the parties understand the conflict.
Identifying Facts and Feelings
Parties tell their side of the story to each other.
Bring out facts and feelings of what the parties say.
Have parties change roles.
Summarize the facts and feelings of both sides.
Generating Options/Alternatives, Negotiating and Evaluating Alternatives
Ask both parties how they can solve the problem.
Write down all solutions.
Check off only the solution(s) that both parties can agree to.
Establishing a Settlement and Writing a Plan
Use only the solutions that both parties agree to.
Write the contract up in parties' own words.
Everybody signs it. (Combination of Maxwell and Trevaskis)
I believe that mediation and negotiation skills are essential in today's
society. Conflict is natural and occurs regularly in everyone's life. Conflict
in and of itself, is not necessarily good or bad. It’s the way that conflict
is handled that makes the outcome positive or negative. If handled effectively,
conflict can create a good learning experience. If handled ineffectively,
conflict can quickly escalate to physical and emotional violence. (Ohio
Commission) Everyone should learn how to deal with conflicts so the outcome is
positive.
Just think about what kind of place the world would be if our leaders didn't possess negotiation and mediation skills. Almost every week in the news there are some kind of talks going on trying to establish peace. These peace talks are essentially the mediation process. Unfortunately they frequently stall in the stage of finding solutions that both parties can agree to.
All teachers and students should use the mediation
process to help violence go down in their schools. This should start at the
early elementary level so students feel comfortable using this process when the
stakes get higher. Initial training should take place over the course of a year
and then follow up training should occur to refresh the memories of students and
teachers. The best way to learn is to actively participate in the process.
Therefore, I think that all students need to participate in the process. While I
feel these skills are necessary, I don't believe that students should be
formally assessed on them. Students may be able to recall the 'how' and the
'why' of the mediation practice, but still not be able to put it into action. Mastery
will come with practice and use. Teachers should encourage the use of
self-evaluation by the students in this process.
References:
Book:
Charles, C.M. Building Classroom Discipline.
Websites:
Anderson, Tom. A Treatise On Conflict In The Classroom.
Curwen, Jon et al. Peer Mediation Program. Beginner's Guide to Mediation, "The Process"
Hawley, Chandra. Teacher Talk. Peer Mediation.
Information About The Ohio Commission on Dispute Resolution and Conflict Management
Maxwell, Jennifer. Dispute Mediation: A Training Manual.
Office of Juvenile Justice and Delinquency Prevention. Conflict Resolution Education: A Guide to Implementing Programs in Schools, Youth-Serving Organizations, and Community and Juvenile Justice Settings. Chapter 3: Mediation Program Approach. October 1996.
Trevaskis, David Keller. Mediation
in the Schools.