Musings from the Executive Director’s Chair

At 8:07 p.m. EDT on Tuesday, March 20, Spring arrived in Hampton Roads. Did you hear it? There was almost a collective sigh as the warm temperatures seemed to be a gift from Mother Nature. However, did you notice the moon that night – only a sliver, a sliver of a smile and, it seems, a wink from the planet shining in the “smiley face”. It was wink and a wry smile as if to tell us that we’re not quite done with winter. The cold temperatures and wind of March 21st were the punctuation to that thought.

Change. It is all around us. It is inevitable. And, just like the weather changes second by second, so do our lives.

The last 6 months have been a time of change for the Community Mediation Center as well. In September we said farewell to Bob Glover, the Center’s Executive Director of more than 8 years. At that time, I took over as Interim Executive Director to provide continuity and stability for the Board and staff while a search was conducted for a new Executive Director. Now, the Center has a new Executive Director, Kim Humphrey, who will move us into the future.

This month is my 14th anniversary with the Center and I have seen many wondrous things both personally and professionally. I have worked with many hundreds of people in conflict over these years and it has been very gratifying.

But it takes a great amount of time and patience to work with individuals, businesses, families, and neighbors who just can’t find a way out of their conflict situation. But when they can, it is a magnificent thing to behold.

It has been a great honor and privilege to serve these last 14 years and I look forward to serving people in conflict for many more years to come.

Karen Richards
Interim Executive Director

Mediator Tips
Case Study - Terri Schiavo

I'm sure you all know the case of Terri Schiavo and the controversy surrounding her. However, beyond the question of how to determine whether or not she was alive (in the sense of being aware of her surroundings) and who has the right to decide her fate, there is the question of the conflict between her different families. Her husband was adamant that Terri would have wanted to be pulled off life support while her parents were sure that she would not. This would obviously pose some difficult problems for a mediator who attempted to solve this conflict. Douglas Noll, a full time peacemaker and mediator who has mediated over 1,200 cases, has written an article about how he would handle this problem. Click the link below to see what he says.

http://www.mediate.com/articles/noll23.cfm

Spreading Peace Beyond the Center

I had the great fortune to go to a peace protest this past Saturday in Washington DC. Being an advocate for peace and a peace maker doesn’t just extend to my community; I feel it is my duty to promote peace and non-violence whenever possible. There were two things I observed that I think are relevant to my mediation practice.

1) There were protesters protesting our protest. They were really angry and somewhat violent. Some of them pushed us and spit on us. We did not respond at all, we just kept walking. Peace is a choice. We can make the choice to lay down the fight or not engage in the fight. We see this every day in our practices. Some people are not ready to give up the fight. This is fully in their power to do so, they have to be empowered and educated to the point where they realize they don’t have to fight anymore. We were empowered to let the insults and intimidation roll off of us. It is our job as mediators to help people get to the point where they also can be thus empowered.

2) There was a small mini-rally before the march began. As I was listening to the speeches, some of which referenced the protest protesters, the mediator wheels in my head started to grind. I realized the speakers were just re-iterating positions, and our two separate protests were just two positions clashing, not unlike every mediation I’ve been in. I enjoy exercising my freedoms of speech, but I found the rhetoric and propaganda in the protest to be lacking. What would be more helpful in creating a solution to the problem would be an open dialogue that looks at the interests on both sides of the divide.

Really, yelling our positions at each other doesn't create positive change. We need to tell each other why these things are important to us. I think if we looked at interests instead of positions, we would find that our interests aren’t that far apart, it is our positions that divide us. How many times in mediation have we spent hours going around and around only to find that clients really weren’t as far apart as they thought they were? We could have saved our clients a lot of time if we hadn’t chased their positions around and instead asked why is this important to you? I think this is the type of dialogue that needs to occur surrounding the war. We need to figure out why our positions are so important to us, if we can talk about that, maybe we won’t spend so much time chasing positions around while politicians posture and waste time not creating important legislation.

Mandy R. Stallings
Mediation Coordinator

Training Tips
Negotiating Styles

Note: This exercise, and the list of negotiating styles that go along with it, comes from the blog Online Guide to Mediation, managed by Diane Levin of the organization Partnering Solutions, LLC.

Just like with conflict styles, different people have different kinds of negotiation styles (in fact, there are probably a number of corollaries between the two categories). Again, none of these styles is wrong or bad, but it can be hard to communicate with one another without knowing each person's styles. Three main types of negotiating styles are persuasion, trickery, or force. Here is an exercise to get people to think about their own type of negotiation style:

1. Give each person a partner. Have each participant stand across from their partner and create a line (using masking tape, string, etc.) between the partners.
2. Tell each person that the aim of the exercise is to get their partner to cross the line. If they do, then they are the winner and will receive a prize.
3. Give the partners a couple of minutes to try and get their partner to cross the line.

Inevitably, the majority of participants will try one or both of the styles above. They may try to convince their partner that they are more deserving of the prize (their partner got a prize earlier, they need money to feed their kids and are planning to sell the prize to get it, etc.), which epitomizes the style of persuasion. They may also try to use trickery by telling their partner that they can split the prize while intending to renege or extending a hand as a sign of good faith and then pulling their partner across. Finally, some use intimidation or force to drag or pull their partner across the line.

Typically, the exercise ends with no one getting the money, the participants splitting the money, or one partner winning everything. The one option that would allow both parties to win, having each partner cross the line to the opposite side, is rarely thought of. The reason for this is the same reason people will often get into conflicts, because they focus on how they can win and how their positions are right. It is assumed that there can only be one winner since that is normally how games are played, so each parties interests are ignored, leaving out the possibility of creating a win-win solution. It is a mindset we should get out of if we want to create the possibility for more mutually beneficial solutions.

Reflective Listening Works!

Recently I had an experience that reinforced how helpful reflective listening is. I was leading a discussion at the Unitarian Church in Norfolk about war profiteering in which several of the participants were very animated, using their time to complain about the state of affairs in the world today and the people they would like to hold accountable.

After the discussion ended, one participant approached me to complain about how I moderated the discussion, saying that I should have kept such "grandstanding" to a minimum. Given that this was the first negative comment I had gotten after three months of leading discussions, I felt it important to understand exactly what his criticism was. I spent about 7 minutes listening to him, pausing only to summarize what he was saying and ask some questions to clarify his interests. As the discussion neared its end, he mentioned how he had planned to not attend another one of these discussions, but because I listened to him, he was reconsidering that position.

Reflecting on this incident later, I realized how much it related to what I have learned at the Center. To some degree I agreed with him about the wastefulness of "grandstanding", but because I tend to approach conflict as an accomodater and compromiser, I let such comments pass and tried to steer the discussion back to more useful topics afterwards. My interlocutor was most likely collaborating or confrontational, and was less willing to put up with such comments. Yet because of reflective listening on my part, I was able to understand his interests and validate his concerns. I hope he decides to join me for the next discussion so that I can try to incorporate his concerns.

Nathan Eckstrand
Community Outreach Advocate

Greetings!

I am so happy to be part of the dedicated team at the Community Mediation Center.

As a volunteer for the last few years, I have had the opportunity to work with this amazing staff and team from the volunteer prospective. Their passion and dedication inspired me so much that when the full time opportunity to be part of the team arose, I quickly jumped at the chance.

I have now been at the center for over a week and realize how much they accomplish with such a small staff. This is due also to the great team of volunteers and a dedicated Board. In the past week I have met many of you and look forward to meeting more. I truly want to hear your ideas and thank you personally for all you do for the center.

I want to especially thank Karen Richards for her tremendous patience during my transition. I am learning so much and appreciate her sharing her knowledge and experience about mediation and the center. I know the staff definitely admires and appreciates her. She is a highly respected leader and a true role model for the staff and volunteers.

I look forward to seeing you at the center and encourage those who have not volunteered to mediate for the center in a while to do so. We rely on our volunteers and thank you again for everything you do to so support the Community Mediation Center.

Kim Humphrey
Executive Director

Mediator Tips
The Role of a Facilitator

A mediator can be considered a facilitator in a mediation, but the skills used in a mediation can be used to facilitate larger meetings like neighborhood open forums and collaborative geto-togethers. However, the role of the facilitator is somewhat different from a mediator in several respects, largely because the focus of the meeting is often different from a mediation. While a mediation tries to reach an agreement between parties in a disagreement, facilitation tries to open a dialogue between a group without necessarily pushing for a resolution. What is similar is having a discussion where issues are raised and ideas are brainstormed. A faciliator helps this dialogue in the following ways:

• Bring focus to the group
• Effect change and improvement through team empowerment
• Encourage team decision making
• Encourage team problem solving
• Work for consensus
• Group dynamics
• Active listening
• Clarifying, sharing, disseminating ifo
• Organize, handle details, closure

Retaining our place at the "mediation table"

A recent article in ACResolution Magazine titled "Ensuring a Place at the Table" mentions CMCs are at risk of losing their place at the mediation table because of their overall lack of continuous improvement. The article goes on to mention that CMCs are the most accurate representation of the mediation profession -- most of the remaining practitioners that offer mediation offer settlement conferences instead of true mediation. The article concludes that this leaves CMCs as the trendsetters and primary indicators of the current health and future sustainability of the mediation field. As a CMC, we have to strive to set the bar of mediation practitioners hign and embrace our trendsetting role by continuing to improve our methods, practices, and standards of mediation. If we can continue to do this successfully, we an be sure that in ten years, we will still have an important place at the mediation table.

Kim Hopwood
Training Director

Conflict Resolution Tips
14 Ways of Eliminating Tension in the Home

Conflict Resolution skills are useful tools outside of a mediation setting. It is important that we take these skills out into the world if we are going to effect change on a societal level. Here are a couple tips you can use in your home to reduce conflict before it becomes critical.

1. Admit your family is less than perfect. It is unrealistic to expect a family life of complete peace and harmony.
2. Family money problems can be resolved through discussions and compromises between spouses as well as other members of the family unit.
3. The temptation to acquire material things can be minimized if you build warm and loving relationships within your family.
4. Parents cannot always subordinate their own needs to their children's needs.
5. Believe in yourself. The more confident you are, the more effectively you will be able to deal with stress and change in family life.
6. Develop a dialogue with your family - don't debate with them.
7. Live from the present to the past. Don't let past experiences inhibit your enjoyment of the future.
8. Have consistent guidelines for family operations. A family will effectively operate if it has specifically designated goals and encouragement systems.
9. Hold family meetings. Have a dialogue about whatever problems are facing your family before they build up emotions to an explosive peak.
10. Stop comparing yourself and your family members with others.
11. List the things that you are proud of. Make note of the things that distinguish you from others.
12. Learn to express anger constructively. Be careful not to hurt someone or leave and individual feeling angry or resentful.
13. Learn to deal with anger. Listen to others with valid complaints, then try to arrive at a realistic compromise.
14. Keep a list of issues you argue over and arrange the argument generating issues in order of frequency and delicacy.

This list is adapted from the Parent-Teen Mediation Manual put together by the Piedmont Dispute Resolution Center.

Give the process a chance!

I recently led 32 youth in a 2-day, 16 hours, peer mediation training. When we first settled down in the classroom on the first night, I right away noticed two kids in the very back - one with his back to me and the other with his head down on the table. The staff in charge of the kids was very helpful and wanted right away to remove the kids so they wouldn't disrupt the training. They took the kids aside and talked about sending them home. The kids asked to stay...NOW WHAT?

Now, I thought, the real process of change begins! They had made a choice to stay, and that choice had to be recognized! I approached them during our first break, validated their choice to stay, and asked them what their goals were for staying. We talked about their fear to go home and get in trouble for being kicked out. They also wanted to get a certificate of completion. We talked about what it would take for them to accomplish their goal. They brainstormed different ways to behave during the training...does this process sound familiar? Identifying interests, setting goals, brainstorming solutions...

At the end of the training, they were truly the best peer mediators in the class! Trainers should remember that students don't always come to class ready to learn...we often need to help them identify their own interest in the process, before we lose them and their talent!

Andrea Palmisano
Youth Programs Director

Mediator Tips
Collaborative Divorce

If you move around inside the Conflict Resolution world for a while, you are bound to hear the term Collaborative Divorce. Many of you probably already know exactly what Collaborative Divorce is, but for those of you who don't, here is a quick summary.

Essentially, Collaborative Divorce is mediation for married couples trying to get a divorce. Just like mediation, it seeks to avoid the legal system by using a model which encourages dialogue and negotiation in order to reach a solution that benefits everyone. Lawyers trained in Collaborative Divorce are hired to facilitate the process. Below is a good description of Collaborative Divorce taken from the Collaborative Divorce Handbook developed by the organization Collaborative Divorce Team Trainings LLC.

Collaborative Divorce is:

• Client centered and non adversarial
• Client controlled
• Based upon active participation
• Based upon constructive communication
• Designed to foster a safe working environment
• Educates the clients
• Focuses on the needs and interests of the clients
• Requires the consent of each client

Collaborative Divorce requires each client sign an agreement that:

• They will not undertake contested court procedure during the Collaboration
• Undertaking any contested court action terminates the Collaboration
• Upon termination of the Collaboration, the aligned Collaborative professionals are prohibited from participating in contested court actions between the participants

The Handbook contains a lot more useful information about Collaborative Divorce. Those interested in learning more would be wise to check it out.

Mediator Tips
Additional Resources

Part of being an effective mediator is keeping up with new developments and techniques in the mediation world. There are several organizations that work specifically within the Alternative Conflict Resolution world, both in Virginia and the nation at large. Keeping in touch with them can help you stay apprised of ways to improve your own mediation skills. Additionally, using these resources can help you network with mediators across the U.S. Below are the names, phone numbers, and websites of several of these organizations.

Association for Conflict Resolution
202-464-9700
www.acrnet.org

Supreme Court of Virginia Department of Dispute Resolution Services
804-786-6455
www.courts.state.va.us/drs/main

Virginia Mediation Network
888-506-4VMN
www.vamediation.org

The Virginia Alternative Dispute Resolution Joint Committee
804-377-8515
www.vba.org/comm/adrjtcom.htm

American Bar Association Section of Dispute Resolution
202-662-1680
www.abanet.org/dispute/

National Association for Community Mediation
202-667-9700
www.nafcm.org

The outcome isn’t always the most important thing

This might be a surprise, or unbelievable to anyone who has not participated in a mediation session, but mediation clients agree that they are satisfied even when they DON’T reach an agreement. Agreement rates are just one way to measure success in the mediation process. Although 60-80% of people reach agreement at Community Mediation Center (depending on the complexity of the issues), more than 91% report that mediation was helpful.

Case in point – Recently a business owner called and asked for a mediation appointment. He explained that he participated in mediation with a customer a few years ago and so he knew to call. When his original file was pulled we discovered that the agreement he reached wasn’t entirely in his favor. In other words, it was clear from his agreement that he had made some concessions that he originally wasn’t interested in making. After calling him back to confirm his new mediation appointment I asked, what made him willing to try mediation again. He replied that the process was so smooth he couldn’t understand why anyone used the court. In fact, even in making concessions he like he was part of the process and satisfied with the outcome.

Amanda Burbage
Community Outreach Director

Trainer Tips
Study Circles

Study Circles are used in group discussions. While they are not mediations, they are a good place for you to practice your reflective listening skills as a facilitator. The purpose of a study circle is to help individuals gain "ownership" of an issue and empower them to solve the problem. Often the process will involve several study circles being put together over the course of 3 to 6 months. Each session involves the following sections:

• Welcome and introduction
• Ground Rules
• Discussion
• Summary and Common Ground
• Evaluation

Does any of that seem familiar? It should, as it is similar to the way a mediation is run. The main difference, of course, is that study circles are not based on coming to an agreement; they are based upon researching and discussing the issues to raise awareness of the perspectives on it, the problems associated with it, and the ways to move forward. However, just like in mediation, a facilitator must use their reflective listening skills (reflecting, clarifying, summarizing, shifting focus, using silence, and using non-verbal signals). Below are a couple attributes found in a good facilitator:

• Neutrality
• Helpfulness in setting up ground rules and enforcing them
• Asks probing questions
• Helps identify areas of agreement and disagreement
• Appreciate all kinds of people
• Committed to democratic principles

Mediator Tips
Negotiating with Terrorists

An odd title for a mediator tip, I admit. However, it is a particularly relevant topic for this era of terrorism, and thinking about it can provide some insights into how to mediate with people who are normally intractable or who you consider to be morally repulsive.

According to Roger FIsher and William Ury in Getting to Yes: Negotiating Agreement Without Giving In, negotiating with terrorists is generally a desirable path to choose. They claim that even making statements like "We will never negotiate with terrorists!" is technically negotiation inasmuch as you are trying to influence their behavior. However, they say that the more communication there is, the more likely a positive solution will be reached. If issues of personal safety can be resolved, it makes sense to talk with terrorists, as if you have a good case you are more likely to persuade them to come to your position.

Negotiation does not mean giving in; one is not legitimizing kidnapping or other terrorist behavior. But talking may convince a terrorist that they will not receive a ransom and it may also be possible to learn of some legitimate interests they have so a solution can be reached where neither side gives in.

While Fisher and Ury do not recommend talking in every case, they say that it is important to consider the alternative to negotiation. If the alternative is war or some kind of action that could lead to numerous deaths, the question needs to be asked as to whether the costs of the alternative are desireable over negotiation. In fact, they claim, often times war is an act within a negotiation to persuade the other side to give in, albeit a generally inhumane and, in the long term, ineffective tactic.

In conclusion, both Fisher and Ury say that no one is beyond negotiating with. Whether the opposing party is a dictator like Hitler, a religious zeleot like Osama Bin Ladin, or just a disgruntled citizen like those at Waco or Columbine, it is worth considering negotiation as an alternative to violence.

The Egg Story

The co-parenting training class includes a discussion of anger and how anger can cause people to do things they would not normally do. I use the egg story as an example of how people change when anger takes control of their emotions.

It’s about a dad, angry that the divorce is final, angry that his children are no longer in his daily life and angry that he lived in a tiny apartment, while his ex- lived in what had been their 10-room house.

One night, the anger so filled him that he had to do something physical. So he put on his old military field jacket, stopped by the grocery store to buy some eggs and dog treats, and walked the mile into his old neighborhood with the eggs in one large pocket of his jacket and the dog treats in the other pocket.

He knew the neighborhood and the shortcuts and the darkest part of his former yard. Climbing over fences, he moved closer to the house, greeting the dogs and offering treats. He positioned himself in his former yard, listening to the sound of crunching in the yards around him. He threw the first egg and heard a gratifying smack as it hit the house. Then he quickly threw the rest, his heart racing with excitement. The euphoria lasted just a few seconds, and then he realized he had to get out of the area, but he couldn’t run because the dogs would start barking. So he carefully re-traced his route, handing out treats and being as quiet as possible.

Back at his tiny divorce apartment, he waited for a knock on the door. Surely someone had recognized him and called police. No one came. A few weeks later, he had another anger attack and completed another successful egg expedition. And no one knocked on the door.

While buying eggs and dog treats for a third launch, the rational side of his brain overtook the anger side. How stupid he was, his rational side reasoned. The last thing his children needed was to see was him, on the ground outside their house, being handcuffed by police. Surely he didn’t want his ex to his arrest as an example that he was a bad person. And how would an arrest impact on the ability to see his children, even if it was every other weekend.

So the angry dad returned the eggs and dog treats to the shelf and went home. From then on, whenever anger tried to overwhelm him, he got on his bicycle and went for a brisk ride—away from his former neighborhood. The physical exertion released the anger and left him too tired to walk to his target.

I know the details of this dad, because the angry dad was me. For 18 years I kept the secret of the egg attacks from my children. No reason to upset them. Then in October 2005, I had an opportunity to see them all at the same time. The four of us had not been together in nearly two decades. I flew to Seattle and during lunch at the Space Needle, I talked about anger and what it does to people. Then I revealed the secret of the egg story. They howled with laughter. All of them remembered the house being egged. Their mom thought it was neighbors, upset at her for divorcing me. Well, she was partly right. My children said they would not tell their mother who really egged the house. Let her think it was angry neighbors. Whenever I hear about someone injuring or killing others in a blind rage, I think to myself: Thank goodness all I did was egg a house. And I smile.

Chuck Hardwick
Client Services

Tales from the Shopping Zone

As the Holiday shopping season moves towards its frenzied, frantic conclusion, here’s a story that shows the value of communication and conflict resolution skills.

My husband was perusing the aisles of one of our local big box retailers. While surveying some electronic gadgets, his attention was drawn to the employees in that section. It seems someone in the “back” had been trying to reach these employees on the floor via a very quiet telephone. When no one answered, the “walkie-talkie” communication became loud and intense. This was soon followed by the person from the back coming to the employees and loudly berating the one for not answering the phone. Explanations seemed only to escalate the anger and one employee was heard to comment on the sanity of the “yeller” and leave. The other employee, at whom the tirade was directed, noted that the conversation should be moved away from the customers. But this didn’t seem to deter the angered employee who continued until running out of steam.

What was going on here? From my husband’s perspective as the “observer” in this conflict situation, the employee had really “lost it” to the point of reacting inappropriately in front of customers, probably loosing some who don’t like that kind of confrontation.

Certainly, there can be many explanations to why this interaction escalated to this point – what we call the interests (reasons) under the position (the anger at not answering the phone). And in the pressure of the holiday shopping season tempers can be short.

But this situation also shows how building anger manifests in the most inappropriate ways and times. And that people tend to loose all self-awareness when this happens. Folks need to find a way to vent that steam in a positive way.

One tool people can use is I-messaging. In I-messaging, a person takes on the responsibility for the communication and the emotions involved in the situation. In an I-message, the speaker identifies the emotion they are feeling as well as the situation that is upsetting and explains why they are upset. Here’s a possible I-message to the above situation: “I am unhappy (emotion) when no one answers my page (situation) because my supervisor was upset with me for not getting the information to her more quickly (reason).”

So before you head to the “yelling zone”, take a deep breath and think about what you are about to do. Try and I-message and see if you can find your way to the peaceful side of your dispute.

Happy shopping and Happy Holidays!

Karen Richards
Interim Executive Director

Mediator Tips
The Circle Chart

Roger Fisher and William Ury, authors of the book Getting to Yes, recommend using a strategy called the Circle Chart as a way of helping people to brainstorm options during the Generating Options phase. They identify four different types of thinking during this phase that generally occur one after another. The first type of thinking about a particular problem, including the factual situation you dislike. The second type of thinking is descriptive analysis, where you sort the problems into categories and tentatively suggest causes. The third type of thinking involves considering, in general terms, what ought to be done. The fourth type of thinking is identifying some specific and feasible suggestions for action. Fisher and Ury suggest asking yourself the following questions when going through each phase:

1. The Problem

• What's wrong?
• What are the current symptoms?
• What are disliked facts contrasted with a preferred situation?

2. Analysis

• Sort symptoms into categories.
• Suggest causes.
• Observe what is lacking.
• Note barriers to resolving the problem.

3. Approaches

• What are possible strategies or prescriptions?
• What are some theoretical cures?
• Generate broad ideas about what might be done.

4. Action Ideas

• What might be done?
• What specific steps might be taken to deal with the problem?

Meditor Tips
Substantive vs. Relationship Issues

To solve disagreements, a good working relationship needs to be established apart from the issues being discussed in the mediation. A poor working relationship with an unfair balance of power tends to lead to one party unnecessarily conceding too much or one side trying to force a concession through threats ("If you really cared for me, you'd do this"). In either case, the problem is unlikely to go away while the bad relationship exists. When considering what is substantive and what is relational, consider the list below.

Substantive Issues
- Terms
- Conditions
- prices
- Dates
- Numbers
- Liabilities

Relationship Issues
- Balance of emotion and reason
- Ease of communication
- Degree of trust and reliability
- Attitude of acceptance or rejection
- Relative emphasis on persuasion or coercion
- Degree of mutual understanding.

To try and build a good relationship by negotiating the relationship. Raise the issue of your concerns about their behavior and discuss it like you would a substantive issue while avoiding judgement. Instead, explain your perceptions and feelings and inquire about theirs; of necessary, come up with some external standards and fair principles to judge behavior. Also, distinguish how you treat them from how they treat you. You should make sure that you are acting fairly even if they aren't; trying to 'teach a lesson' won't solve the problem. A good relationship can be built even if the problem is not solved.

World Demographics

Why is focusing on the underprivileged so important? There are obvious reasons that are continually repeated, such as the right of everyone to have basic human rights. However, it helps to get some perspective from time to time, as the need to pull the underprivileged out of poverty is not only a matter of principle, but a matter of necessity. Consider these facts:

If the world's population could be reduced to a village of precisely 100 people, with all existing human ratios remaining the same, the demographics would look like this:

• 60 Asians, 12 Europeans, 14 Africans, 8 Latin Americans, 5 US Americans and Canadians
• 49 would be female
• 51 would be male
• 82 would be non-white
• 89 heterosexual
• 11 homosexual
• 33 would be Christian
• 67 would be non-Christian
• 5 would control 32% of the world's entire wealth, and all of them would be US citizens
• 80 would live in substandard housing
• 24 would not have any electricity (and of the 76% that do have electricity, most would only use it for light at night)
• 67 would be unable to read
• Only 1 would have a college education
• 50 would be malnourished and 1 dying of starvation
• 33 would be without access to a safe water supply
• 1 would have HIV
• 1 would be near death
• 2 would be near birth
• 7 would have Internet access

Within the context of these statistics, our work and the work of other non-profits/charities could not be more important. If society is to survive in the next century, we are going to need dialogue between the diverse groups above along with a more equitable distribution of wealth and physical necessities. As you do your volunteer and charity work, remember these statistics. I know I will.

Nathan Eckstrand
Community Outreach Advocate

Mediator Tips
Standards of Fairness

Standards of fairness will often differ among mediatees. Indeed, it is often this conflicting standards that causes conflict. In a mediation of arbitration, one of the steps you can take to help elicit interests is to make clear what each parties standards are. An example of how standards conflict between parties may have to do with what each party considers just in a conflict over custody. The father may say that each parent should have equal custody over the child since each one makes up 50% of the child's parents. However, the mother may say that she deserves more or full custody because she has spent more time with the child, done more to raise the child, and is more experienced in child care. Making clear these standards can be an important step to getting to an agreement.

However, it is not necessary for the parties to reach a 'best' or 'unified' standard of fairness. To focus on this, and pushing the parties to come up with one, is probably a dead end and will make the parties dig their heels in over their position. Instead, knowing standards is a tool that may help the parties reach an agreement. Understanding and discussing standards may help the parties narrow the range of disagreement and allow the parties to find some common ground to build upon. It may also provide an area that the parties will be willing to compromise on.

As with anything in a mediation, don't press a specific set of standards for the parties to follow. You may suggest some standards for them to consider, but make sure that they both embrace those standards before using them in developing solutions.

Visiting New Orleans

From November 13-17 I was in New Orleans as part of my Americorps training. In addition to going through lectures and training sessions on what it takes to be an Americorps volunteer (which was somewhat boring, although there were a few good speakers), the other trainees and I took time to visit some of the sites hit hardest by Katrina.

New Orleans is one of the saddest yet most beautiful places I’ve ever been. While there we were able to visit areas that were severely impacted by the storm and the people who were still there. After fourteen months, many people are still unable to return to their homes because of the damage from the storm and inadequate reconstruction efforts. I felt like I was visiting a third world country; the devastation was disgusting.

Additionally, the “in your face” racism and segregation was hard to swallow. We visited the home of former Klan member David Duke and were reminded by the guide that in his Senate race he received over 30% of the states’ vote. There are laws in counties that are over 70% white that only allow residents to rent out to blood relatives. New Orleans was “bad” before, but now it’s even worse, and so few people care. By the end of the week I was physically and emotionally exhausted.The sites we were able to visit left me with feelings of hope and despair. I don’t know if I’ll ever get over the images I saw or feelings I felt, but I feel like this trip has changed me forever.

Heather Mathews
Americorps Member

Mediatee Tips
Determining if your dispute can be mediated

While most kinds of civil disputes can be mediated, certain nonviolent criminal cases (such as verbal harassment and destruction of property) and cases that aren't proper for court can be mediated. That is, interpersonal disputes between roommates, coworkers, and others which don't have any sort of legal remedy can be solved via mediation. For example, if two housemates are arguing over how to maintain the household and are unable to solve the problem themselves, then mediation is a valuable tool that can help the housemates solve the problem while maintaining their relationship.

The most common cases for mediation are civil disputes, including family conflicts. This includes disputes over custody and separation, property disputes, contract disputes, landlord-tenant problems, employee-employer conflicts, neighbor-neighbor conflicts, and many more.

When considering whether your case is right for mediation, ask yourself if any of these statements apply to you:

- The law cannot provide the remedy you want

- You want to end a problem, not a relationship

- Your dispute is no one else's business and you want to keep it that way

- You want to minimize costs

- You want to settle the dispute promptly

- You want to avoid establishing a legal precedent

- You are having difficulty initiating negotiations, or lack negotiating skills

Hearing one another

I have been a certified general and family mediator for almost 7 years; however, I recently sat on the other side of the table as a mediation participant. My husband and I have separated and we chose to participate in mediation to attempt to resolve some of our disputes. Our mediator was incredibly professional and followed the process throughout. This experience renewed my belief in the power of mediation. It truly does help people to “hear” one another - even when they disagree.

Sara Foote
Arbitration Coordinator

Mediator Tips
Competence

Parties going through mediation have the right to know their mediators' qualifications as a mediator as well as what the requirements for becoming certified as a mediator. While the vast majority of mediators who have gone through the certification process are qualified, if the parties do not have faith in the mediators themselves then it will be hard to convince them of the benefits of mediation. As a result, make sure you have information about your qualifications for parties that request it; not just the certification process but how much experience you have had. Be prepared to discuss your qualifications with the parties if they are curious as to what makes you a good mediator. Make sure the parties are satisfied before starting the mediation.

Mediatee Tips
Preparing for a Mediation: Review Paperwork

If you are going to be a party in a mediation, begin preparing for your mediation by reading the rules that will govern your mediation. Most mediation services will send you a set of rules when your mediation is scheduled; if you don't get a copy, request one. Rules cover things like when and how fees are to be paid, procedures to be followed, and the degree to which the mediation will be considered and kept confidential. Here are some examples of rules that you will probably encounter:

• Evidence rules: Given that mediation is not a courtroom matter, the limits on types of evidence you can use don't apply in mediation. However, since some parties may want to bring in outside witnesses or present documents, it will be up to the mediator to decide what can be let in.
• Pre-mediation memorandum: This is a written statement for the mediator explaining your version of the facts and issues involved in a dispute. This is not always necessary.
• Confidentiality: Since the information that comes out in a mediation can be of a highly sensative or personal nature, confidentiality is essential in allowing each party to speak freely. As a result, all mediators are required to keep everything said private except in a few circumstances (which will be explained to you before the mediation). The only thing that will go back to court - if the case is court referred - is the agreement that was reached.

There are other rules that you will want to be aware of; however, if you don't have time to read through them comprehensively, the mediator will explain the important ones to you before the mediation begins.

Positions vs. Interests in Pop Culture

Listening is so important but identifying and acknowledged a person’s interest is a critical component to effective conflict resolution. I was recently reminded of this concept.

I was watching an episode of “The Cosby Show”. Bill Cosby’s character, Cliff, had borrowed his neighbor’s power drill and misplaced it in the house. When the neighbor came to reclaim his tool, he commented on how he knew he could trust Cliff to take care of his tool. Of course, Cliff now had to admit he had lost the tool and he apologized. His neighbor was distressed and began talking about how the drill had been his father’s and that whenever he used it, he was reminded of his father and the good times they had had together. Cliff was silent and the neighbor then did what so many others do when they don’t feel heard – he became more agitated, raised his voice and began complaining about other, unrelated issues, in this case that Cliff had potentially overcharged in delivering this neighbor’s children. When Cliff offered him a new drill, the neighbor got angrier and walked out.

It all made for good comedy but this situation illustrates a fundamental principle in conflict resolution that we often overlook – identifying and acknowledging the interest behind the position. On the surface, it might seem that this “Cosby Conflict” was about a lost drill. However, just below the surface, also called the position, lies the interest which was the strong sentimental value the drill held for the neighbor and the loss of trust with Cliff.

A simple acknowledgement of those two issues would have calmed the neighbor down and begun to pave the way for a solution.

On the show, Cliff finds the drill and takes back to his neighbor but in real life that happy ending doesn’t always occur.

So, remember that conflict is rarely about the position -- the “drill” or the “money”. It is about the interest and the emotions that lie under the position. You may need to look deep but the reward will be a calming of the situation and a peaceful resolution.

Karen Richards
Interim Executive Director

Mediator Tips
Closure

Whether the parties reach an agreement or not, you need to bring it to a close. This means first of all, summarizing and reviewing what happened in the mediation. State in a neutral way what the parties shared and the positions and interests each person expressed. Make sure that all parties are clear on the next steps, whether that means going back to court to solve the problem or how the agreement reached will be carried out.

If an agreement is reached, you should congratulate the parties for their work and recognize the courage they showed in finding a way to solve their problem. Go over the agreement point by point to make clear exactly what they all agree to do. Have both parties sign it and sign it yourself. Make copies for them so that they will know what the agreement was. Finally, shake hands and escort them to the door.

What is an at-risk youth?

At-risk youth is a term that gets used a lot...when we train at-risk kids in conflict resolution, we have to be aware of certain emotional and developmental characterists they share:

1. Devalued-self: Ongoing experience with violence and/or neglect leaves child with a devalued sense of selfThe child believes others will eventually reject him/her, based on personal experience. Before being rejected, child will reject adult first to avoid getting hurt.

2. Self-efficacy – one’s belief about his/her own ability too learn new things. At-risk youth are not confident in his/her own ability to learn. Therefore, it is safer for them to “pretend” not being interested to avoid looking like a fool.

3. Delayed gratification is the ability to work toward a goal and wait for its rewards. At-risk youth have a history of anger and frustration, which lowers their ability to be patient and work toward a goal. Constant genuine praise is a MUST!

4. Concrete Learning: Violence, neglect, frustration and anger delay a child’s ability to think in an abstract manner. At-risk youth need concrete examples in order to learn – lots of activities and role plays, instead of lectures!

Andrea Palmisano
Youth Programs Coordinator

Listening in Real Life

The more I teach effective conflict resolution the more I understand the benefits in real life terms. Hardly a day passes without using reflective listening, reframing, open ended questions and brainstorming. Without these skills life would be too hard. This is my blog message today – make your life easier. Be a better communicator. Keep in mind, it’s not all in the way you talk (the words you choose, your tone, the frame you put around your ideas, casting blame), it is also in the way you listen. Prove to people through your body language and your spoken word that you’ve truly understood their feelings and their facts. Don’t separate the emotion, that’s the most important part in helping people vent.

Amanda Burbage
Community Outreach Director

Mediator Tips
Solving Ethical Problems

Occasionally when doing a mediation you may be put into a situation where several ethical rules come into play. As a certified mediator, you need to be aware of these rules so that you know how to act responsibly. To work your way through the ethical dilemma, follow the steps below. After you read through the steps, try solving the hypothetical ethical dilemma described at the bottom.

1. Define the problem carefully.
2. Determine what ethical rules govern the problem.
3. If the applicable rules appear to provide conflicting guidance:
   - Rank the sources of the ethical rules, and see if any have higher precedence than the others
   - Determine where the crux of the conflict lies (sample questions to ask yourself) to generate possible options:
   i. Is the circumstance not appropriate for mediation?
   ii. Are you unable to mediate the situation, but another mediator who is differently positioned could?
   iii. Can the situation be overcome ethically by informing the parties, and obtaining their consent to proceed?
4. Ensure that solutions to the problem are:
   - Within the ethical rules too (i.e. do not compromise a second ethical rule in order to solve the initial problem)
   - Supported by logical rationale
   - Mindful of public policy
   - Implemented in a professional manner

Hypothetical Ethical Dilemma:
You are mediating a case between a dry cleaning business and a consumer. The consumer indicated that she had two Sunday jackets that she uses to sing in the church choir which were damaged by the cleaner and she wants the cleaner to pay for their replacement, $ 120 each. The cleaner says that her standard policy is to pay $ 35 for each garment of this type in a claim. In looking at the jackets it is hard to detect exactly how they are damaged. In a caucus the consumer tells you that the jackets do mean a lot to her, but she bought them at a sale for about $ 50 each. Back in regular session, the mediator asks the consumer why the jackets are so important to her. She replies that these jackets are the last two gifts her husband gave her before he passed away. What should the mediator do?

Suggested Response: The mediator should once again caucus with the consumer to clarify what she had disclosed. If the mediator determines there is a lack of good faith then the mediator should consider terminating the process.

What we have here is a failure to communicate


I'm standing at the base of the Space Needle in Seattle, WA with my adult children, Mindy, Thom and Becca. Before being allowed on the express elevator (500 feet in 41 seconds), we have to see the man behind the desk about our reservation. Our name is not on the list. The conversation goes like this:

Mindy: "I thought you made the reservation, Thom."
Thom: "I tried, but I didn't have a credit card, so I asked Dad to make the reservation."
Dad: "Becca told me you made the reservation, Mindy."
Becca: "No I didn't."

We had this conversation about three times, before the man behind the desk began laughing. It's okay, he said, they were not busy and we could go up to the restaurant. We were seated within a few minutes. A Wednesday afternoon in October is not exactly prime tourist season for Seattle. If it had been prime tourist season, the lack of communications between four adults might have resulted in an awkward situation and lunch about 3 p.m., if we could get in.

Whenever I teach the parenting class, one sticky point that always comes up is a lack of communication between the parents. A lot of emotion is usually involved and it's sometimes difficult to talk to each other, even about mundane things like pick up and drop off times for the children. Communication isn't always about talking to each other. Those situations can be resolved by working with a third party or using a notebook that includes special instructiions for medicines, homework assignments or piano lessons. Using a notebook helps communicate important information. It's important that everyone knows about visitation schedules, support payments and other details of adults involved in seperation.

That information should be shared with children, to help make them feel a little more assured that they will have time with each parent. Children need structure and routine and they need to know when they will be with each parent.

Perhaps the most important communications link is between parent and child. Children do not have a voice in the seperation process. Their lives are simply turned upsidedown by adults making drastic, and sometimes sudden, decisions. How parents communicate what is happening depends on the age of the child. But even young children notice the changes and ask questions. This is not a time to bash the other parent as the reason for the seperation. Even a simple statement like, "Your mom and I are not going to live together, but I will still be in your life" can be reassuring.

A young woman reflected on her experience when her parents seperated when she was 6. Two people I really loved, my dad and brother, were simply gone, she recalled. Then there was a new man in the house and we moved 1,200 miles away. Nobody would tell me anything. My dad wasn't there to tell me what was happening and my mom wouldn't talk about it at all. It was very confusing and painful. The young woman is my daughter, now 25. Her recollection is going to translate into a strong statement in the parenting classes to sit down and communicate with children, regardless of age.

All this writing and memories of the good food in Seattle is making me hungry. I think it's my turn to make dinner reservations.

Chuck Hardwick

Mediator Tips
After Brainstorming

After you brainstorm some options, there are a couple things you can do to help participants reach an agreement. These tips are taken from the book Getting to Yes, which discusses negotiation tactics.

1. Star the Most Promising Ideas: Ask the participants which options they think are the most promising. Remember, you are not at the decision stage yet, just at the point where the most promising ideas are winnowed out.

2. Invent Improvements for Promising Ideas: Take one of the promising ideas and discuss ways to improve it to make it better and more realistic, as well as ways to carry it out. The point of this is to make the idea as attractive as possible.

3. Set up a time to evaluate ideas and decide: If a solution can not be reached in that particular session, it may be necessary to break up and have each participant look over the solutions by themselves. Before you break up, draw together a list of the most promising ideas in their revised form. Then, decide when to meet again and how much time individuals should spend thinking about the ideas.

Mediator Tips
The Opening Statement in an Arbitration

Mediation and arbitration are based on some similar principles, but the decision making process in each is very different. As a result, the opening statement in arbitration will focus on different points compared to that of mediation. Below are some tips to keep in mind when doing an introduction to arbitration. Also, click here to learn more about arbitration.

• Welcome the parties and thank them for using arbitration.
• Administer the Oath of Participant and confirm the Agreement to Arbitrate.
• State you will not disclose details of the case to anyone except, possibly, to the CMC staff for administrative purposes.
• Disclose conflicts of interest or prior experience with either of the parties, and ask if they know of any conflicts of interests.
• Confirm both parties have the right to an attorney.
• Explain that you may curb irrelevant or repetitious testimony.
• Request the parties agree to demonstrate common courtesy and refrain from interrupting each other during the hearing.
• Explain you will maintain control of the hearing.
• Notify the parties you will be impartial and will not express opinions or react emotionally.
• Explain that you will keep the hearing focused on issues in the Agreement to Arbitrate.
• Explain the decision is binding, and confirm the parties understand what that means.
• Explain you will be submitting your Decision and Reasons for Decision to the CMC within the next 5 days, and they will mail a copy of those documents to each party.

Keeping the Center sustainable

A question we often ask ourselves here is how to keep the Center sustainable. That is, how can we make sure that we can continue to do all that we are currently doing? Ultimately, this is where the Center’s outreach program is useful. Making connections in the community, sending out word of our services to newspapers, and putting up booth displays are all ways in which we spread the word about the Center and maintain sustainability.

While it may sound like sustainability is just retaining all the business we have, it is really about making new business connections as well. Contracts end and training programs are finite affairs, so when we fulfill one contract with an organization it is important that we have another organization that we can offer our services to next.

Over the years, the Center has done a good job of not only being sustainable, but increasing its capacity as well. I hear stories from older staff about how when the Center started there was only one full-time position and only a handful of volunteers. Additionally, the Center’s only purpose was to provide mediations to clients. Over time the Center has expanded its staff to around 8 full-time staff, 4 Americorps volunteers, and several interns from the community, and increased its services to include certification training, presentations to local businesses and community groups, arbitration, and youth programs. As Bob Glover used to say, we are in the business of conflict resolution.

The Center’s work to maintain sustainability is not as visible as the services that it maintains, but it is always on the minds of those who work here. Hopefully, the continued work we do will be as successful as it has been in the past.

Nathan Eckstrand
Community Outreach Advocate

"Let there be Peace on Earth..."

“Let there be Peace on Earth and let it begin with me” intrigued me the first time I heard it. I wondered how could little ole me promote Peace on Earth?! I certainly could not see myself starting a world wide peace movement, HA!

Certain words or statements defining peace triggered the “ah ha!” response in me. Wikipedia, the free encyclopedia, indicates “peace” to be commonly understood to mean the absence of hostilities. The definition goes further to include “freedom from disputes; resolution; non-violence; harmonious relations and the absence of mental stress or anxiety … as the meaning of the word changes with context.”

These descriptions seem to me to be part of the foundation for the process of mediation which offers the service of facilitation to assist others to discuss their conflicts and to agree on ways to resolve them. Even when parties are not able to come up with a resolution, they usually comment that they appreciate the process of attempting to handle their conflict through the process of mediation rather than violence or other types of disruptive behavior.

As I embrace the notion of promoting peace on earth through mediation, each session has an added sense of purpose. It is an opportunity that empowers all involved to promote better human relations by choosing to handle disputes in ways that promote harmony and respect.

I see no world peace movement leader in my future; however, in my own special way as a mediator, I can promote and practice Peace on Earth.

Peace,
Lucretha D. Hyman
Mediator

Mediator Tips
Financial Considerations in Family Mediation

Family mediations will often have to deal with the issue of child support, which means that money will be a factor that comes into play. In order to get a comprehensive view of each person's finances, there are several questions a mediator must get an answer to and several subjects that must be discussed. Examples of both follow:

1. Support Guideline
   a. Income of parents
   b. Health Insurance
   c. Extraordinary medical expenses
   d. Child care expenses
   e. Proportionate shares
   f. Who pays and when?
2. Reduction when child is with other parent?
3. Income Tax exemption: who will take it?
4. Medical care not covered by insurance
   a. Who will decide?
   b. Who will pay and how much?
5. Life insurance - Is the purpose for the policy to cover support in case of death of parent? With current life insurance polices, who is the beneficiary? Who is the owner? What type of policy – term, whole life or universal?
6. College
   a. Expectation of parents
   b. Expectation of children
7. Remember to get Social Security numbers and date of birth for both parents.

There are other questions that will arise as these questions are answered, but making sure that these topics are covered is a first step towards building an understanding of the financial issues involved in the mediation.

Working with Volunteers

We are a Community Mediation Center, which means we use volunteers from the community to do the majority of the interaction with clients. This is great because it allows us to do more than we could with our small staff, and it also allows the community to develop a passion for its own well-being.

The bad part is that volunteers choose when they are able to help, which sometimes means there are holes that have to be filled. As one of the staff persons that works with volunteers, this can be really frustrating. It is hard to strike a balance between respecting a volunteer's time and pressing them to get the job done. I never want to make a volunteer feel guilty for having a life outside of our center; I also never want them to feel underappreciated. At the same time, it is important they recognize that being a volunteer comes with certain obligations, as the Center relies on volunteers to do our work. As we often say, "Volunteers are the heart of the Center."

When volunteers cancel last minute or do not show up for their obligations they leave other volunteers, as well as our clients (which include the courts), in the lurch. It does not make us look good to have to explain to a judge the reason why there was no mediator in court is because our volunteer did not show up, and also to explain why we didn't know in advance. If this were a staff person, there would be a reprimand, but with a volunteer, what reprimand can you give? This person is giving you their precious time- can you really reprimand them for choosing (albeit at the last minute) to not give you their time? It is time freely given.

This scenario, in various forms, happens about 3 times a month, which has led us to evaluate the way we use volunteers and also our volunteer program. We are looking at ways to make our program more effective so that volunteers are not put in a frustrating place, and neither are we. This is a difficult task because we have such an established set of volunteers who may be resistant to change or may feel slighted. It is difficult territory to manage volunteers; however, the payoff for our center and community is usually well worth it. Volunteer management also gives us an opportunity to grow and to hone our communication skills.

Mandy Stallings

Why I work at the CMC

Hello, my name is Benita Stinson and I am a senior at Old Dominion University. I am majoring in Human Service Counseling. Many people wonder why individuals choose majors that do not lend themselves to significant financial gain. I would say, for me, it is the opportunity to help individuals become empowered to lead better, more productive lives and to recognize that they hold the keys to their success. I guess that is my personal informal mission statement and the reason I chose the Community Mediation Center as my internship site. I am really impressed with the work it does in the community, especially for at risk-youth and families who have been displaced.

This summer I had the pleasure of facilitating a peer mediation class for youth participating in the city of Norfolk’s Youth Employment Program. The participants met four hours once a week for the month of July. This was my first experience utilizing the skills I learned in the General Mediation and Peer Mediation classes. I am very pleased to say that thanks to the training I received from the Center, I was well prepared to facilitate this class. The format of the class was very inviting to the participants because it allowed them to build on their natural ability to make great choices, understand and respect others, and learn healthy ways to deal with conflict instead of using violence. It was a valuable opportunity for me to use the knowledge I obtained from the center and my academics to help others. It also allowed me to observe how youth responses to conflict can change immensely when they implement conflict resolution skills as their primary strategies.

The students not only walked away with the power to be productive community members, but also with the tools to craft a great future for themselves!

Benita Stinson
Intern

Mediator Tips
Helpful Phrases in Mediation

Do you ever feel stuck in a mediation, like you don't know what words to use to summarize what the client is saying? It can happen to anyone; the important thing is to not let it unnerve you. Most likely, if you wait a minute, something will come to you to ask. However, it can be helpful to know certain phrases that can come in handy during a mediation. Below are several examples:

• “What I understand you both to be saying is…..”
• “Maybe the two of you could discuss …”
• “what do you want to do about this?”
• “Both of your concerns…”
• “I hear you want… What are some of your choices now?”
• “Have you thought about, or have you talked about…”

There are certainly many more than this. Build your own list of phrases that you can rely on in a mediation.

Mediator Tips
Preparing for a Mediation

It is important that you talk with your co-mediator about how you are going to do the mediation. For example, you should divide up the introduction; each person should have several sections. Next, figure out who is going to take the lead first in the generating options part. That is, who is going to ask the first question and which mediatee is it going to be directed to.

Different mediators have different styles of mediating. Make sure you discuss how you mediate with your partner beforehand so that you can create a collaborative approach that allows both of you to function at your best without stepping on each others' toes.

Also, the setup of the room is important. You should know how many mediatees you have ahead of time and should place the chairs in such a way that the parties, who may be quite hostile towards one another, are not in adversarial positions, but are facing the mediators (although they should not be turned away from each other either).

The more communication there is between you and your co-mediator, the better the mediation will go.

My name is Heather and this is my first blog. As the new Youth Program Coordinator, I was asked to submit a little something to the company website. I have been trying to come up with a few wise words for your reading pleasure, oh…the pressure!

I’m currently a senior at Old Dominion University under the Human Services curriculum with a special focus on children. A lot of people associate “Human Services” with “Human Resources”, there is a huge difference. Under the Human Services program I have focused on courses in Counseling, Sociology, Child Welfare, Grant Writing, and Communication. I love serving the community and I’m grateful for the opportunity to work with an agency that has such an ethical and impeccable reputation.

I have been away from the typical office setting for about three years and was a little nervous about the comeback. Although I consider myself a Rookie at the CMC, I already feel at ease. A CMC staffer is consistently available to answer questions, address issues and listen to suggestions. I’m eager to learn everything I can about the center, its’ team, the programs we offer, and the people we serve.

Thank You!

Heather M. Mathews (with one t)
Youth Programs Coordinator

"Our lives begin to end the day we become silent about things that matter."
-Dr. Martin Luther King Jr.

Mediator Tips
Writing the Resolution

Hopefully, your mediation will end with a resolution. However, to keep the parties from returning, a good resolution must be several things. First, it should be simple so that all parties can easily understand what it says. Second, it should be specific as to who does what and when they do it. Ambiguity can lead to more disagreements. Third, it must be balanced so that everyone is doing something. Fourth, there should be a universal consensus about the agreement; that is, everyone must agree to all parts of it. Finally, it needs to be practical. If an agreement asks the near impossible, it is unlikely that the parties will be able to hold to it and will slide back into conflict. Make sure to ask them if they feel they can do what they've agreed to.

Here are some helpful tips for writing a resolution:

• Offer an opening statement to frame the agreement but leave it up to them if they wish to use it or not.
• Use the parties’ names in the agreement and identify their relationship, i.e. John and Mary have a landlord-tenant relationship. Alternate names throughout the agreement.
• Use the parties’ own words as much as possible. Don’t add issues that they did not discuss in session.
• Add in any positive emotions from the session but don’t make any up. If there weren’t any “warm and fuzzies”, don’t add any.
• Avoid ambiguous terms such as "reasonable" or "soon" and don’t use any legal terminology, unless directed to and/or under the guidance of a court.

Back to School with Peer Mediation

As summer comes to an end, and students head back to school, let’s look at Peer Mediation as an alternative to Conflict Resolution. Conflict is something that occur everyday, to all people, whether it is good or bad. How one chooses to resolve conflict will determine the outcome. Peer mediation is one solution that students can use to problem solve, and resolve conflicts. Peer mediation is a learned skill that can be used throughout life.

Let’s establish what conflict is. What exactly does the word conflict mean? The Community Mediation Center defines conflict as controversy or disagreement. What are some words that student’s think of when they hear the word conflict? All students have situations that they deal with on a daily basis, but they do not use the word conflict. Conflict is described as a physical fight, a verbal confrontation, an emotional problem, name-calling, cultural bias, discrimination issue, and any disagreement between two or more people; all of which students will experience while in school. Conflict does not have to be a bad thing; it could mean revealing things in order to show there is no problem at all. Peer Mediation allows problems to be identified and bring about change for the good.

Most students do not know how to deal with conflict; their way of resolving conflict is usually through physical or verbal fighting. Though they may get their point across, this is not a solution to the problem. Physical fighting or verbal exchanges only lead to more problems.

Determining how to deal with conflict can be complicated when students are involved; this is when School Administration needs to introduce Peer Mediation. Do to the pressures of student life, which include peers, athletic teams, neighborhoods, race, family, and a number of other factors, students will attempt to resolve conflict based on what they have learned from these influences. Some students do not know how to deal with conflict because they have not been taught correctly. Let us begin to change the disciplinary procedures in the school setting, by starting with Peer Mediation, after all in the adult profession world we are not sent to the boss or sent home (for 10 days) for everything that goes on in the workplace.

Michele Riddick Battle
Youth Outreach

Mediator Tips
How to help generate options

Generating options is an important part of the process because of its transformation of participants from a mindset of talking about what happened to them into a mindset of thinking constructively about what to do about the problem. If done correctly, participants will move beyond their initial positions and think about what they can do to help the problem. Below are some tips you can use to make the generating options process a success.

• Use a flipchart to help the parties brainstorm possible solutions. Remember to help them think “outside of the box.”
• Feelings that surface may indicate other concerns that have not been addressed. More storytelling may be needed.
• Manage positional thinking by referring back to their reasons for choosing to mediate. "We've come a long way from the beginning of the session, are you still willing to look for a mutually satisfying solution?”
• Mediators may give "what if" scenarios to do reality testing on suggestions.
• Be willing to accept that not all parties are ready to resolve at the same time.

Mediator Tips
Conflicts of interest

The mediator has a duty to remain free from conflict of interest that could in any way affect the ability of the mediator to conduct a neutral and balanced process. Since it is important that the parties trust the mediator, talking about conflicts of interest- if any- is important for the mediation process.

Among the things a mediator must disclose are any current, past, or possible future representation or relationship with any party or attorney involved in the mediation. Additionally, any financial interests relevant to the mediation must be disclosed. Finally, any and all disclosures should be made as soon as possible after the mediator becomes aware of the interest or relationship.

After appropriate disclosure, the mediator may serve if the parties so desire.

"It takes a community..."

There is an ongoing debate in the field of psychology about the merits of treating an individual without treating the entire family. Is it possible to truly change one person's behavior without also changing his or her community?I believe that, when we teach conflict resolution skills to at-risk youth, we face the same dilemma...During training, these kids show an incredible ability to learn CR skills to resolve issues - they are assertive, caring and inquisitive. However, it is not an easy task for them to translate those skills into behaviors that would work in their community - family, friends, neighbors! Of course we need to keep on teaching these kids how to best deal with conflict without the use of violence, but how wonderful it would be if we also addressed their community!

Andrea C. Palmisano
Youth Program Coordinator

Mediator Tips
Thomas-Kilman Conflict Styles

Here's a useful tool that we use at the Center in our trainings to help people understand the causes and mannerisms of conflict. It is a way of measuring the various ways in which individuals handle conflict, and it categorizes them into 5 different types: competing, avoiding, compromising, collaborating, and accomodating. Here are their meanings:

• Competing: High assertiveness and low cooperativeness. The goal is to "win."
• Avoiding: Low assertiveness and low cooperativeness. The goal is to "delay."
• Compromising: Moderate assertiveness and moderate cooperativeness. The goal is to "find a middle ground."
• Collaborating: High assertiveness and high cooperativeness. The goal is to "find a win-win solution."
• Accommodating: Low assertiveness and high cooperativeness. The goal is to "yield."

People don't fall into only one category, but rather have a grade in each. For example, someone can have a high number in competing and compromising, a middle number in collaborating, and a lot number in accomodating and avoiding.

As a mediator, it is important to understand this chart and use it in a mediation to figure out how your various clients deal with conflict. Once you understand how they will deal with conflict, you can work with them to reach a solution.

What to do When Clients Cry

Recently I had a series of mediations and co-parenting classes in which clients cried. I always feel awkward when that happens. Do I offer a tissue or wait? If I am sympathetic, does the other party think I am being partial? Am I doing something wrong that evokes strong emotion? Not necessarily.

My first encounter with a client who cried occured when I was a mentee. The mom burst into tears. My mentor sat and did nothing. I realized there was no tissue on the table, so I waited, too. There is so much bottled up emotion, that it comes out as part of the mediation process. Mediation is not therapy, but sometimes it feels like therapy. Finally, a person who was with the woman handed her a tissue. She gathered herself and we went forward.

In a co-parenting class, a young woman was talking about being in rehab, and things she was doing to regain custody of her child. One of the requirements was to attend the class. In the middle of her statement, she stopped, and began to weep. I waited, tissue box on my training table. Finally, another parent grabbed a tissue, handed it to the young woman, and said, "You should be proud of what you are doing." Other parents echoed the same thought. The class brought her out of it, not me. The support should come from her peers.

Another mediator told be about a session in which both parents cried, but not at the same time. "Crying is not a sign of weakness," she said. "It's just strong emotion, and once that emotion is released, the clients are ready to move on and talk about their issues."

It's difficult to face a client who is crying and do nothing, because we don't want to appear cold and unsympathic. It's just human nature. But sometimes not taking action is the best thing we can do, because the client must find the strength and composure to get on with the business of a busted relationship. And sometimes it is even harder for us not to also cry. I am tearing up now. Anyone have a tissue?

Chuck Hardwick

Mediation skills are universally applicable

You never know when mediation skills will come in handy. On an almost daily basis in my family I use my reflecting, empathy and good listening skills to try and squash arguments, resolve misunderstandings and clarify information to help make decisions.

I have found that children quickly catch on to using I-messages. For example I told my four-year-old son (who had not put his shoes on after I asked him way too many times) "I feel fustrated when you don't listen to me." Later on he told his brother (who was ignoring him in the car)"I feel fuss-stated when you don't listen to me."

Don't forget your mediation skills in your everyday life. You don't have to save them for the mediation room, they work wonders everywhere.

Sara Foote

The Passion of Conflict Mediation

Conflict Resolution is something that requires passion. Here's what I mean: Growing up in this American culture we are not taught to be effective communicators or good listeners. Usually, our goal is to win and therefore we are considering our own response while others are speaking to us. What a difference it can make to use paraphrasing and reflective listening! However, using these tools is a choice - one that requires a steadfast diligence. It is surprising the number of changes that would occur in this world if we were taught from the start to use reflective listening and I-messaging. Plus, when you "do" conflict resolution people often look to you for answers. If I had a nickel for every time someone said "mediate me," I would be rich! The point here is that once you know and use the skill there is no down time, no time to turn it off. That's why it takes passion - to keep up the pace. Sure, you can set boundaries or opt out of a conversation, but deep down people that know and use conflict resolution and effective communication skills have a duty to change the world. At the Community Mediation Center, staff and volunteers change the world every day. Yes, I get tired, but when I look around at the faces of training participants, or when I read the testimonies of mediation clients, my passion gets refilled.

Amanda Burbage
Community Outreach Director

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.