Campus Dispute Resolution Mediation Program

1. Campus Dispute ResolutionMediation Program East Student Affairs Office Aliyah Wilson Global Issues Resource Center Jennifer Batton Elizabeth Clark

2. What is conflict? • Normal/Natural • Negative or positive depending on skills utilized • Handled well - valuable opportunities to learn, further strengthen understanding and build stronger relationships • Handled poorly - it can damage relationships, is costly for colleges in terms of time, motivation, perception of safety and security, and interpersonal and intergroup relations.

3. Conflict Resolution (CR) Skills: Understanding Conflict • Identify constructive/destructive conflict (what’s it look like?) • Identify conflict triggers in self/others • Identify needs-based conflict

4. CR Skills:Understanding Emotion in Conflict • Building emotional vocabulary/skills • Increasing cultural sensitivity to emotions (seeing how culture affects emotions and expression) • Identifying emotional triggers to conflict • Using the emotional escalation/de-escalation ladder • Identify your anger style • Self-soothing/calming strategies • Verbally expressing anger (appropriately) • Using questions to identify feelings (for self and other) • Using questions to work through conflict (self and other)

5. Paraphrasing Summarizing Listening for Feelings Perception Checking Open v. Closed Questions I-Statements Supporting and Encouraging Messages Using Neutral Language Nonaggressive communication (complaint v. criticism v. contempt) Sending /Recognizing NV behaviors Adjusting to Cultural Differences in Language (using direct and indirect language well) Adjusting to Cultural Differences in NV Communication (using space, voice, gesture and body orientation in a culturally sensitive way) CR Skills: Communication

6. Steps in decision making Testing options for effective decisions Developing realistic implementation plans for decisions Facilitating group discussion to consensus Recognizing emotional and cognitive perspectives Effective questioning to assess perceptions Being competent at enacting all conflict styles Recognizing interests and positions Questioning to uncover interests behind positions Exploring options/brainstorming Creating sound arguments Mediation Recognizing conflict styles Matching conflict styles to the situation CR Skills: Problem-Solving

7. What is mediation? • Popular and effective alternative to traditional Conflict Resolution (CR) methods • Allows both parties to discuss and resolve problems with objective third party  • Confidential, impartial forum • Helps to preserve important relationships, meet the needs of both parties, and models a problem solving process which can be used by the parties in the future 

8. When is mediation appropriate… • Strong emotional element • Relationships important • Need for a third party • Timely decision needed • Many people are involved or indirectly affected • One or both parties want to avoid formal proceedings

9. When is mediation not appropriate… • Serious incident just occurred, emotions too high • One party intends to use mediation to escalate dispute (to threaten, to gather information, etc.) • One party seems incapable of listening to anything you say, or seems otherwise too disturbed to negotiate a workable agreement

10. When is mediation not appropriate… • One party might be better off using courts or other forum. • Power imbalance makes fair agreement unlikely • The issue deserves public attention • Key parties are unwilling to participate

11. Uses at college campuses • Conflicts directly affect quality of life and effectiveness • Conflicts, if not addressed properly, may escalate leading to generalized sense of fear, disruption, bitterness, feelings of injustice or betrayal, reduced communication, and expense • Support educational goals while still addressing social issues on campus and in the community • Disputants learn important lessons from conflicts handled appropriately

12. Uses at college campuses • Help maintain good relationships among individuals and groups on campus and between Tri-C and the local community • Students appreciate services that can address both off-campus as well as on-campus life, and appreciate tangible support in resolving disputes • Smaller problems can be addressed without having to go through the bureaucratic process which frequently escalates the issues • Help prevent escalation and prolongation of conflict that disrupt students’ social and academic life • Provides students with alternative way to address issues or disputes

13. Mediation Process Overview • Opening Statement • Uninterrupted Time • The Exchange • Setting the Agenda • Building the Agreement • Writing the Agreement • Closing Statement VIDEO CLIP

14. Examples of College and University Institutionalization: Georgia State University - Consortium on Negotiation and Conflict Resolution • Initiated in 1995, required 34 institutions within University System to design and implement a Conflict Management (CM) program to meet their needs • Provides technical expertise and training • Administers System-wide Mediation Program • Conducts periodic evaluation on the development and implementation of CM (http://law.gsu.edu/cncr/index/higher_ed/the_initiative)

15. CNCR: 6 – steps to Program Implementation • Form a Campus Conflict Resolution Committee • Education and Training for all stakeholders • Conflict Management Systems Assessment • Develop Systems Design Recommendation • Implementation of Recommendation • Evaluation and Improvement (http://law.gsu.edu/cncr/index/higher_ed/the_initiative)

16. CNCR: Lessons Learned • Mandated implementation without buy-in has ramifications • Too much flexibility in design principles can overwhelm designers • Institutional readiness for culture change should be assessed • Unfunded mandates create numerous obstacles • Systems have a tendency to implement without adequate planning and assessment • Education and training is a key to maintenance • Develop data collection systems beyond initial stage of implementation (http://law.gsu.edu/cncr/index/higher_ed/the_initiative)

17. University of Hawaii: Cost Savings Estimates Status Quo • Cost of 8 arbitrations with faculty/staff 250,000 • Cost of settling litigation with UH p.a. 300,000 • Management loss of productivity 200,000 • Cost to one campus to do ADR training 3,000 • Student attrition value (lost tuition, etc.) 50,000 • Personnel losses - faculty leaving, etc. 100,000 • Union’s litigation and arbitration costs 350,000 • Attorney costs at Attorney General’s 1,000,000 • Total cost of status quo per year 2,253,000 With system-wide ADR system implementation including mediation program • Cost of 2 arbitrations with faculty/staff 60,000 • Cost of settling litigation with UH, annual 150,000 • Management loss of productivity 50,000 • PCR contracts for 8 ADR trainings 100,000 • Cost of ADR coordinator(s) plus the cost • of compensating mediators for certain • complex cases 70,000 • Student attrition value (lost tuition, etc.) 25,000 • Personnel losses 50,000 • Union’s litigation and arbitration costs 100,000 • Attorney billables at Attorney General 500,000 • Total cost of scenario 3 per year 1,105,000 Total Savings of over $1 million per year, in addition to improved morale on campus Barnes, Bruce, E., “Designing a Conflict Resolution System for the University of Hawaii System: Economic Considerations and the Unionized Campus,” 1994. Available at: http://law.gsu.edu/cncr/pdf/papers/barnes.pap.pdf

18. How Mediation Fits into Larger Dispute Resolution Initiative at Tri-C • Certificate in Conflict Management and Peace Studies • Study Abroad Programs: Faculty/Students • Professional Development: Faculty/Students/Community • Service Learning • Sustained Campus Dialogue Network • Campus Civility • International Conferences • International Capacity Building for the Organization of American States (OAS), U.S. State Department, UNDP, ISPA, etc. in Belize, Cyprus, Trinidad and Tobago, St. Lucia, St. Vincent, Costa Rica, Armenia, India, Phillipines, etc.

19. Conflict Management and Peace Studies Certificate Program Key Findings of Market Survey Both community professionals and students view a conflict management skill set as important and marketable for future employment. Community Response • 88% rated skills important or very important for professions • 81% said important or very important in hiring decisions for employment

20. Conflict Management and Peace Studies Certificate Program Community Responses: • Professionals strongly endorsed a conflict management skill set for potential employees • 25.4% reported their current employees would benefit from courses for credit • Substantial proportion (35.3%) of these highly educated community professionals (the majority possess a Bachelor’s Degree or higher) reported their interest in credit courses

21. Conflict Management and Peace Studies Certificate Program Students: Report high levels of personal conflict, experiencing conflict “fairly often” or “very often” in their daily life (44.6%), family relationships (36.4%), intimate relationships (21.7%), work environment (25.6%), and school environment (12%)

22. Needs Assessments • Observations • Question: What type of conflict may have been experienced at CCC, the intensity, and who the conflict may be between • Most surveyed noted that they have not been involved in any type of physical or violent conflict at the College • Of those who have experienced conflict, it was listed as low intensity

23. Needs Assessments • Observations • Question: Please note the location where you have observed conflict generally taking place and what the relationship is between the people in conflict • Classroom – Student-Faculty, Student-Student • Cafeteria – Student-Student • Library – None • Offices – Student-Staff • Work (if student employee) – None • Other: Hallway, Parking Lots, Common Areas – Student-Student

24. Certificate Overview • Across disciplines • Core Courses: Conflict Management and Peace Studies Theory; Conflict Management Skills; Capstone in Service Learning • 3 Electives • Study Abroad: “Costa Rica: The Political and Social Implications of Peace” w/Community Colleges for Intl. Development and 4 partner C.C.’s

25. Faculty Professional Development • International Center for Non-violent Conflict – Non-violent Conflict • Ohio Campus Compact – Service Learning • American Red Cross – Exploring Humanitarian Law • Ohio Commission on Dispute Resolution – CM Skills Training • Case Western Reserve University – Appreciative Inquiry • Kent State University (Center for Applied Conflict Management) – Theory and Skills

26. What is Sustained Dialogue? • Sustained Dialogue (SD) is a public peace process, created by US diplomat Hal Saunders, used to negotiate the Camp David Peace Accords and other international, interethnic dialogue. • In 1999, Princeton students adapted SD to resolve identity-based tension on their campus. • SD is used as a tool for creating safe spaces on college campuses to address divisive issues, transform relationships across lines of difference, and create change. SDCN equips the next generation of leaders with tools to affect change in schools, workplaces, and communities. • For ten years, SD has spread organically to other campuses through word of mouth. The Sustained Dialogue Campus Network (SDCN) was launched in 2003 and today works with 14 US campuses.

27. SD addresses a pressing need regarding tensions on campuses “In relation to each listed aspect of identity, please indicate the extent to which you feel there is a NEED ON YOUR CAMPUS to improve awareness, relations, and tension.” Source: Sustained Dialogue Campus Network Student Survey, Spring 2009, n=153

28. Next Steps: Proposed Training Schedule • General Mediation Overview – 20 hours • Open to any individuals interested in mediation training • More intensive training for students to be involved in program – 20 hours • Focused more on the practice of the skills learned

29. Ways to Get Involved • Assist with Systems Design • Assist with Outreach • Recommend Students/Staff • Participate in Mediation Training • Other?