Peaceful Solutions

Introduce the Topic

Write these terms on the chalkboard or chart paper:

negotiation
mediation
arbitration
litigation/adjudication

Explain that they relate to dispute resolution, and ask participants to define each term. If necessary, help them clarify the definitions. (See definitions below.) Be sure they understand that in mediation, the power and responsibility for resolving the dispute lie not with the mediator, but with the disputants.

Definitions

negotiation: the parties use face-to-face communication and problem-solving to resolve their dispute.
mediation: the parties work towards resolution with the help of an impartial third party, a mediator.
arbitration: an impartial third party, an arbitrator, hears all sides and then decides what the resolution will be.
litigation and adjudication: adversarial processes whereby a judge and/or jury hears all sides of a case and makes a decision on the basis of law.

Discuss:

the benefits of mediation compared to traditional disciplinary measures;
the two mediations in the video: student-student and student-teacher; and
the kinds of issues that frequently cause disputes between students.

Questions
1. Why is mediator impartiality critical to the mediation process? What are some things that would make it difficult to maintain impartiality? What might help mediators maintain impartiality?

2. Under what circumstances would mediation not be an appropriate way to resolve a dispute?

3. Mediators should include "problem" students who exhibit leadership qualities. What would be the benefits of such students' being peer mediators?

4. Do you think the teacher in the mediation has lost or gained power or authority? Explain.

Try It Out
The Mediation Process

Participants will not be able to learn mediation by watching this or any other video. Mediation must be learned through rigorous training and refined over time.This said, if you feel sufficiently grounded in the process, you may let participants role-play some mediation scenarios, providing you make it clear that the only way for them to gain sufficient competency to mediate and teach students mediation is through training.

Role-plays should have two disputants and two mediators. Use the role-plays from the Changing Habits of Thought workshop section of this guide as the basis for mediation scenarios, or have participants make up their own. If they are willing, you might work on an actual conflict the staff is facing. It is suggested that you stage the role plays in a fishbowl format.

Note: It is common for role-play "disputants" to act so hostile that the mediators can't deal with them. Before the role-plays, remind participants that when people reach mediation, they have had time to cool down, and they come willingly.

Take It Further
Invite a guest speaker to make a presentation about the mediation process and how to establish and maintain a school-based peer mediation program. Sources for speakers include: local court systems; other schools with mediation programs; training/consulting organizations.