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Further
study: peer mediation at school
You
will find a detailed section on 'Mediation' as a part of this basic course in
the chapter on 'Solving Conflicts' (...go to the page on
"Mediation").
To
certain extent, this also deals with peer mediation and the
pupil-dispute-arbitration concept described in detail in the following (...go to
the page on "Arbitration").
The
Pupil-Dispute-Arbitration Program
The
arbitration of disputes by pupils and students means their accepting
responsibility for shaping their own lives. The pupil-dispute-arbitration
process takes places in four stages: Introduction - Clarification -
Solutions - Agreements.
I. Introduction
1.
Welcome: introduce yourself. The
arbitrator introduces himself, states his name and asks the partners in conflict
for their names if necessary.
2. Clarify the aims: the aim of the arbitration discussion is clarified.
Those in dispute attempt to find solutions which prove satisfactory to all
parties. The arbitrator offers assistance in this process.
3. Identify the principles: the arbitrator guarantees the partners in
conflict confidentiality and neutrality.
4. Describe the arbitration process: the arbitrator describes the next
steps in the arbitration process:
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the
present standpoint, |
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the
search for solutions and reaching an agreement, |
|
recording
the agreements made in writing. |
5.
Explain
the rules of the discussion: the arbitrator explains the most important rules of the arbitration
discussion:
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not to
interrupt each other, but instead to note down your own thoughts if
necessary; |
| not to insult or show aggression. |
The
arbitrator gets the parties to the conflict to agree,
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that
the rules stated are to apply in the arbitration discussion,
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that
the partners in conflict and prepared to uphold the rules, and |
| that
the arbitrator can remind the parties of their agreement to uphold the rules
if they are not upheld. |
6.
Agree
who is to begin the discussion:
the
party who is to begin with a description of the conflict from their point of
view is agreed upon. The partners in conflict either agree on the order or a
draw is made.
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II.
Clarification
1. Description:
The
parties to the conflict describe the conflict from their point of view and the
describe present situation in the order agreed.
2. Summary: the arbitrator repeats the essential points and sums up the
conflict as the described by the parties (using the words of the hostile parties
as far as possible).
3. Enquiry: if possible, the emotions and motives of the partners in
conflict should be discussed in relation to the current case in point.
"Why did you...?"
"What were you thinking as...?"
4. Express mood: since continuing the arbitration process if often
necessary or useful, the arbitrator enquires after the momentary mood of the
conflicting parties. This is also a good way of getting feedback about what you
have understood.
"Perhaps it would help us to get on if you could say how you are feeling at
the moment."
5. Articulate part in conflict: it may be possible to discuss the
different parts played in the conflict if accusations of guilt are left out of
the picture:
"Can you tell me how you contributed to the conflict or its development?”
"Maybe by making specific comments or by laughing or making threats or
something similar?"
"You shouldn't just take the material damage into consideration.”
6. Transition: renewed feedback is possible at the end of this phase. The
main points can be summarized again here. Concentration should now be oriented
towards the next stage of finding solutions.
"You should now think about how is the damage is to compensated and what
you can do to improve your relationship
Note:
during
this phase, it may sometimes be necessary to talk to the opponents individually,
for instance, if
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the
discussion has become too heated, |
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the
opposing views of the conflict still contrast too much, |
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the
discussion is threatening to get out of control, |
|
one of
the parties involved is incapable of speaking openly or refuses |
|
the
rules are generally not upheld. |
Arbitrators
should call a recess if they get the impression that it is impossible to
cooperate with these conflict partners to find a suitable solution at the
present time. In this case, the arbitrator should:
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break
off the discussion, |
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agree a
date to continue arbitration and |
| Ask the
conflict partners for permission to get support from other arbitrators or
advisors (also teaching staff) in talks. Eventually, co-arbitration (with
two persons taking part in the channel of discussion) may come into question. |
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III.
Solutions
1.
Consider
potential solutions: The
conflict partners list solutions. Each notes down his suggestions in silence.
”And consider the following while doing so: what am I prepared to undertake?
What do I expect from the other side?”
2. Write down potential solutions: all potential solutions are read out
and listed and then, as a rule, written down on cards by the arbitrator.
3. Select solutions: the suggestions are appraised jointly. Good
solutions are: realistic, balanced and as pointed as they need to be!
'Which suggestion is the best? Or would a combination of solutions be the best
approach?'
4. Agree on solutions: potential agreements are expressed verbally and a
check is made to see whether the conflicting parties are in a position to
approve these suggestions.
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IV.
Agreements
1.
Record
agreements on paper: The
written agreement is drafted. The solution need to be formulated exactly: who
will do what and when to settle the conflict and provide recompense for damages?
Use simple to understand and neutral words (no accusations). If necessary, what
happens if one of the parties fails to fulfil its duties from the agreement
should be noted, for instance, that the arbitration process will be continued or
that the parties agree to upheld the rules again.
2. Sign agreement: once the arbitration agreement has been formulated, it
can be read out sentence by sentence and approved by the partners in conflict.
Once all the points have been written down, the arbitrator asks whether the
agreement can be approved in total and whether there are any further questions.
The agreement is then signed.
3. Take Leave: perhaps a moment presents itself where the partners to the
conflict can describe their experience of the arbitration discussion and how
they view the relationship in future. The discussion partners then take their
leave.
[Günther Graun / Wolfgang Hünicke:
Streit-Schlichtung: Schülerinnen und Schüler übernehmen Verantwortung für
Konfliktlösungen in der Schule. Soest 1996]
Un order
to put a dispute-arbitration programme into the effect at school, questionnaires
can be distributed to help identify conflicts while drawing attention to the
existence of arbitrators at the same time. We have provided a questionnaire of
this type on a separate page:
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