I’m some times asked about when mediation is an appropriate venue for addressing student concerns. The short answer is: You can mediate any dispute at anytime, providing the parties want to mediate and certain conditions are met. I’ll discuss these conditions later, but first let me explain what mediation is.
What is mediation
Mediation is one dispute resolution method that falls within the wider category of Alternate Dispute Resolution, or ADR for short. The term “alternate” is used to distinguish this approach from more formal dispute resolution practices such as appeals, hearings, investigations and court proceedings. Other forms of ADR include facilitated discussion, shuttle negotiation and conciliation. These terms are used with some variation between practitioners. The description of mediation below, is the one I use.
The principle behind mediation
The basic principle of mediation, like all ADR processes, is to allow the parties to a dispute an opportunity to find a mutually agreeable outcome to a matter without resorting to a third-party decision maker. The benefits of mediation is that it is relatively straight forward, self-directed, cost-effective and timely.
When can you mediate?
As mentioned, mediation can be used for most issues providing these conditions are met:
- The parties want to and agree to mediate.
- The parties are willing to be flexible enough in their positions to negotiate an outcome. Where one or both parties are fixed in their respective positions, and are unable or unwilling to be flexible, a successful mediation is unlikely.
- The parties have the capacity to mediate. It situations where one or both parties have limited cognitive abilities, mediation may not be the best approach.
- Where the interactions do not include elements of exploitation or obsession. Situations involving sexual abuse or exploitation, serious harassment or bullying, or stalking-type behaviours are best not mediated.
- There are no rules, policies or laws that prohibit a mediated outcome.
Mediation is used for both substantive and interpersonal issue or a combination of both. In family mediation, for example, mediation can be used to negotiate who gets the house, the car, the kids (substantive issues) and to negotiate communication strategies to reduce harm arsing from conflicted spousal interaction (interpersonal).
With student disputes, mediation can be used as an alternative to an appeal; for resolving disputes around grades, assignments or instructional delivery; for resolving allegations of discrimination or bias; to address interpersonal conflict between a student and an instructor or between a student and other students. It can also be used for any number of similar situations.
What does mediation look like?
Mediation is a structured, semi-formal process that is divided into three parts:
- Pre-mediation meetings. The purpose of pre-mediation meetings is to determine if the conditions above have been met and that mediation is a good option for all involved. Pre-medaition also allows the mediator to fully understand the issues and the positions before coming to the table. This preparation ensures that the process runs smoothly and the chance of any harm to the participants is reduced or eliminated. Pre-mediation meetings are meetings between the mediator and the parties individually. This part of the process is critical to a successful mediation as should never be skipped.
- The mediation session. This is the part most people think about when they think of mediation. It is a face-to-face meeting between the parties with the mediator present. The mediator guides the conversation using a structured process that ensures productive and forward looking conversation and controls any potential for negative emotions to disrupt the process. The goal of the conversation is to negotiate an outcome and formalize an agreement. A successful mediation will often result in a signed agreement between the parties.
- Post-mediation follow-up. Follow-up is necessary to ensure that the parties remain satisfied with the agreed upon outcome and to ensure that any tasks arising from the agreement are completed. Sometimes minor “tweeks” to the agreement are necessary and this can often be negotiated post-mediation.
Hope this helps. If you have questions or need help, please give me a call.