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Academic Mediation

Academic Mediation. developed by Catherine Archibald Longstreth. Institute for Academic Leadership 2000. ACADEMIC MEDIATION…. ... an alternative method for resolving disputes . Institute for Academic Leadership 2000. Purpose of the Presentation. is to review the reasons why an

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Academic Mediation

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  1. Academic Mediation developed by Catherine Archibald Longstreth Institute for Academic Leadership 2000

  2. ACADEMIC MEDIATION… ...an alternative method for resolving disputes ... Institute for Academic Leadership 2000

  3. Purpose of the Presentation is to review the reasons why an institution should consider establishing an academic mediation program Institute for Academic Leadership 2000

  4. Objectives of Presentation To develop an understanding of: what mediation is; what should be included in a mediation program; and what should be excluded from the program. Institute for Academic Leadership 2000

  5. why such a program may be beneficial to employees and administrators and the institution; and what the roles of the mediator and affected parties should be. And ... Institute for Academic Leadership 2000

  6. What is Mediation? It is: • an alternative method of resolving disputes • a voluntary and mutually agreed to process • when an objective third person assists in resolving differences • a non-adversarial and non-confrontational collegial process Institute for Academic Leadership 2000

  7. Mediation may be used: in conjunction with a request for a specific review process or solely as a method of resolving a dispute Institute for Academic Leadership 2000

  8. But…When Mediation is Used • the involved parties must have authority to resolve the dispute • the written agreements are binding Institute for Academic Leadership 2000

  9. Institutional Reasons for Establishing a Mediation Program • Less costly • Less time consuming • Offers additional options for conflict resolution Institute for Academic Leadership 2000

  10. Mediation Programs... • Educate administrators and employees on how to resolve disputes • Improves communications and relationships

  11. Reasons Employees May Choose to Use Mediation • Requires up-front commitment to resolve dispute • Encourages problem solving and conflict resolution • Protects the privacy of the involved parties Institute for Academic Leadership 2000

  12. Other Reasons for Using a Mediation Program It allows affected parties to control the situation It’s a “win-win” non-confrontational setting Institute for Academic Leadership 2000

  13. Initial Steps in Developing an Institutional Program Develop overview of proposed program Discuss proposed program with administrators Review budgetary needs with administration Institute for Academic Leadership 2000

  14. Obtain Institutional Support and Commitment Administration Faculty Senate Unions Institute for Academic Leadership 2000

  15. Establish a Representative Working Group to: • develop a budget • develop and distribute program information • develop and implement program with timelines Institute for Academic Leadership 2000

  16. Conduct programs: mediator selection and training programs educational programs for administrators and employees Establish a neutral location for the campus Mediation Center A working group should... Institute for Academic Leadership 2000

  17. In the Development of the Program Include: • an explanation of the process • the role and authority of the mediator • the issues excluded from the process • a statement about a further review of issues addressed in the Agreement Institute for Academic Leadership 2000

  18. AndInclude: • the roles and expectations of the affected parties • the form and format for the: request for mediation written agreement signed by the mediator and affected parties Institute for Academic Leadership 2000

  19. Listing of Exclusions • allegations of fraud • salary • criminal behavior • “Whistle Blower” complaints • discrimination including sexual harassment • scientific misconduct • issues requiring a prompt or specific response pursuant to law Institute for Academic Leadership 2000

  20. Additional Points to Consider in the Development of a Program Affected parties must have: • a commitment to resolve the dispute • the authority to resolve the issues in dispute Success of the mediation process depends on: • the skill of the mediator • the willingness of the affected parties to seek resolution Institute for Academic Leadership 2000

  21. Mediation May Be Called Off If : • issues in dispute are excluded from mediation; • parties are uncooperative; or • parties decide they are no longer interested in pursuing resolution. Institute for Academic Leadership 2000

  22. A Mediator Should • be a neutral who is objective and impartial • facilitate the resolution of the dispute • recognize differences in handling each conflict Institute for Academic Leadership 2000

  23. Mediators Should • help parties identify • important issues • expendable issues • assist parties in • reviewing dispute • resolving issues • reaching agreement Institute for Academic Leadership 2000

  24. Effective Mediators Must ... • explain the role, process and procedures • set ground rules and control the meeting • specify the duration of the meeting • facilitate positive meeting climate • move the discussion toward the goal of resolution Institute for Academic Leadership 2000

  25. And Mediators Must • demonstrate a willingness to learn the reasons for the dispute • defuse defensiveness and hostility • maintain the equality of the affected parties Institute for Academic Leadership 2000

  26. …And • avoid value judgments • show respect, concern, sensitivity to affected parties Institute for Academic Leadership 2000

  27. Affected Parties Must Be Able To: • explain the basis of the dispute • understand the resolution they desire • develop and articulate limits of: fall-back positions non-negotiable issues Institute for Academic Leadership 2000

  28. Mediation isCompleted When: • a mediator adjourns the meeting • no progress is made • agreement is reached • resolution is not possible Institute for Academic Leadership 2000

  29. Or Completed When ... The mediator and the affected parties develop and sign agreement indicating: • the issues in dispute are resolved • the issues in dispute are not resolved Institute for Academic Leadership 2000

  30. Final Responsibility of the Institution • to ensure that the mediation agreement is followed • to notify affected parties of the other review options that are available, if there is no agreement Institute for Academic Leadership 2000

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