Mediator Tips
Assessing a Trainee

Judging a trainee's performance is a significant part of the training process. Trainees know the process of mediation in an academic sense, but only have a very little practical mediation experience through their observations. A trainee needs to start developing their own style, and it is up to the mentor to provide a good critique of their performance and encourage them in what they did well. Think about these questions when giving feedback to your trainee.

Introduction: Did the trainee clearly and thoroughly articulate
their role, explain the process, invite you into the
process and/or adequately explain the consent form?

Storytelling: Did the trainee listen reflectively which would include
non-verbal communication, clearly identify issues and
subsequently paraphrase appropriately?

Options: Did the trainee assist the parties in prioritizing, testing
and evaluating their ideas? Did the trainee make
suggestions without imposing a particular solution?
Did the trainee utilize effective strategies to keep the
parties focused (i.e. flip chart, enforcing ground rules)?

Resolution: Did the trainee assist the parties in framing their
agreements both verbally and in writing? Did the
trainee validate each point of agreement with each
party? Did the trainee incorporate the parties words
and feelings into the written agreement? Did the trainee
review the agreement and remind the clients of their
right to legal counsel before signing?

Effective Public Participation

The Center often gets involved in community projects when they compliment the Center’s mission. When a play about child abuse came through, the Community Mediation Center helped to organize and provide facilitators for a round table discussion about the issues brought up by the play. The Center has also facilitated discussions regarding the effects of Hurricane Katrina.

Currently I am working on a project called Effective Public Participation, a group that is working to increase the ability of individuals in the Hampton Roads community to get involved in the decision making process. Basing our work on the work of groups like America Speaks and Voices and Choices, our group has just finished developing its guiding principles and is looking for feedback.

For those who don’t know, Public Participation is a way of bringing together government leaders, individuals, and interest groups to have a discussion regarding important policy decisions. At every step, from discussion to the developing of a plan that incorporates people’s concerns, everyone is consulted to provide comments and critiques. Tools used by Public Participation groups include Town Hall Meetings, where small groups discuss the issue and present reports back to the larger group, Strategic Planning, where each group will be encouraged to explore their ideas in terms of the utility and practicality, and Citizen Engagement Consulting, where individuals are trained in public participation skills, facilitation, and ways of coaching others.

Our group is still in its infancy, but is working hard to develop a framework specifically tailored to the Hampton Roads community. If you are interested in learning more about this group and reading the principles, click here. After all, the more of the public that participates in this effort, the more effective it will be.

Nathan Eckstrand
Community Outreach Advocate

Filling out the evaluation

You’ve mediated a long and difficult case that just can’t find common ground. The case must be sent back to the judge. The clients are edgy and in a hurry to leave. You might even feel guilty about not getting an agreement. Sitting in front of you is the dread, two page Client Evaluation. How can we ask these impatient clients to fill out yet another form? What works for me is, before I leave the mediation room to make copies and notify the court, without missing a beat, to place the evaluation in front of the clients and say “the Supreme Court requires that all parties in mediation complete this evaluation. I hate to give you more paperwork, but this will be carefully read by the Supreme Court and acted on if there are any problems reported”. I then quickly explain how to complete the form, then leave. If someone asks, “do I have too”, I reply “yes” without hesitating. The key is to remember that filling out the evaluation is the necessary next step to the client’s seeing the judge and not an option. Smile, it’s only paperwork. Good luck.

Ken Ferebee

Mediator Tips
How to do a successful introduction

The Introduction part of the mediation is, above all, a way of setting the tone of the mediation and putting the clients at ease. If the clients are still anxious or hostile, it will not be an easy mediation. Here are some of the things that go into a sucessful mediation:

- Introduce youself and the clients– ask them how they would like to be addressed?

- Welcome the clients and thank them for coming.

- Ask whether everyone who is involved in the conflict is here. If not, ask if you should proceed?

- Logistics
- How much time does everyone have?
- Does anyone have time constraints?
- Restrooms; water; coffee
- Paper and pen for parties to take notes
- Take breaks as needed
- If in court – if an agreement is reached, no one will have to go back to court

- Explain Mediation
- The judge referred the mediation to give you an opportunity to try to reach a resolution yourselves
- How is mediation different from court
- An opportunity to communicate in a different way from in the past
- Voluntary
- Confidential, with exceptions
- Self-determination
- Mediators are impartial facilitators
- Mediators do not give legal advice
- Mediation works in a wide variety of casesand has good success rate
- Mediation can help you begin a more constructive process of communication
- Steps of the process
- Consulting attorneys is encouraged if desired

- Screening (in Family Cases)
- Introduce the idea
- Ask who would like to go first
- Screen each individually, and if there are questions about domestic violence, make a decision about how/whether to proceed

- Agreement to Mediate Form
- Give copies to all parties to read
- Summarize or highlight certain areas by paraphrasing
- All parties and mediators to sign form

- Ground Rules
- Sometimes people find it helpful to set guidelines for communication
- Give examples (e.g. one person speak at a time; take breaks when needed)
- Are there any guidelines that would help either of you in this mediation?

If you cover all these bases in a comprehensive manner, making sure that all parties understand what is going on, you will have carried out an effective introduction.

Structure can be Effective

I recently conducted a study based on the work I have done with the Community Mediation Center, my survey was intended to include Community Mediation Center’s questions as well as those calculated by me designed at answering my research questions in an effort to gain an understanding of why peer mediation is not being used in the disciplinary setting. When the survey was given, some of the following comments were made: “no one wants to participate”, “who’s going to be in charge”, and “it will only cause more confusion”.

The survey population consisted of 9th -12th graders located in Norfolk, Virginia, the principal who initiated the program, along with educators; counselors and administrators who participated as observers during training.

This survey was an effort to gain an understanding of students, teachers, counselors, and administrators’ thoughts of a peer mediation program in a school setting. The Findings and Discussion address these questions. “I believe that peer mediation works”; was the first question addressed. Eighty-five percent of the participants believe that peer mediation works, and the participants who did not agree that peer mediation worked based their answers on not enough participation from other students and or staff. However, when asked if they would be willing to learn more about implementing a peer mediation program at their school and participate in a staff or student training the percentage rate dropped.

In an attempt to gain knowledge into how students and administrators felt about peer mediation and the disruption it causes if any to the classroom, I asked the question “I believe that peer mediation would interrupt class time. The difference in the answers was dramatic, with more than 50% of the students replying that they disagreed that it would cause interruption; while more than 50 % of the administrators replying that it would cause interruption.

However, when the question was asked "I believe that peer mediation can work through a structured peer mediation program", more than 75% replied with strongly agreeing. Both students and administrators agree that their school could benefit from a peer mediation program in response to question two.

In connection with the previous question, more than 50% of the participants believe that their school did not have too many students or too many problems in order for peer mediation to work. However, more students believe they could work their problems out through peer mediation while a large percentage of teachers and administrators strongly disagreed.
We frequently think that teachers, administrators, and students exist in completely diverse worlds. Though they all have differences, their opinions are similar in being positive towards peer mediation. A majority of both groups believe in peer mediation; however they believe in order for it to work it must be structured properly. They also noted that peer mediation would be beneficial in their school and should be used as a form of conflict resolution. Undoubtedly, on the other hand, judging from those who responded to the questions on structuring and their role, the majority believes that peer mediation takes dedication and structure from all students, administrators, and teachers; and a majority are willing to participate if everyone is willing to work.

It would seem that because most teachers, administrators, and students all agree that some form of discipline must be used, they would consider peer mediation because it could change the atmosphere of the school. In my opinion I think that a peer mediation program should be instituted into every school setting, so students could gain conflict skills to last them a lifetime. In addition, this would cut down on the suspension rate, keep students in school, and create dialogue.

Michele Riddick Battle
Youth & Community Outreach

Mediator Tips
Mentoring a Trainee

Remember your trainees are fresh out of the Basic Conflict Resolution Skills Training Course and they are looking for the model they learned there. If your style diverges from the model taught in the class, be sure to give your trainee a heads up. Let them know if you do not ask which party wants to go first, or if you do not ask the parties to set ground rules. This will help the trainees learn about different styles and also help them avoid confusion during the mediation.

The Status of Mediation in Virginia

Recently, I attended an intensive, day-long training for area mediators on child support and spousal support issues. It was great seeing lots of old friends. Having been involved with mediation since 1993, it makes me feel good that so many folks that I have trained have moved on to become certified mediators. But what really struck me was the number of new, eager faces in the room. It seems that mediation is “alive and well” in Virginia and that the citizens of the state have many capable people to assist them in finding a peaceful resolution to conflict. Whether it is dealing with difficult family situations (such as divorce, custody, visitation or support), sticky landlord-tenant issues, tough neighborhood disputes or confusing business-consumer problems, there are highly qualified and dedicated mediators (many of them volunteers!) ready to help. And that is comforting to know.

Karen Richards

Mediator Tips
The Importance of Practice

Just like riding a bike or learning to swim, mediating takes practice. Some may take to it more quickly than others, but always it requires that one continually keep in shape. That is one reason the Virginia Judicial System requires that mediators be recertified every couple of years, and thus why the Center offers recertification classes on various topics.

The best way to get practice is to try reframing, summarizing, etc. in everyday life. When talking to a friend, instead of trying to think of something to say in response to what they are saying, practice summarizing what they said and how they feel. Use the transformative approach. Thus, if a friend is talking about a run in he or she had with their old barber, say something like "So, I hear that you are happy because you got to connect with someone who you had lost touch with."

Mediation is a fascinating topic with many different aspects and avenues for learning. It is worth studying these avenues and keeping them in practice. You will be a better mediator because of it.