PJCS 325: Conflict Mediation
Fall, 2004
Instructor: Dean Johnson
Office: Wyse 308
Phone: 7728
Email: deanjj@goshen.edu
Office hours: Mon, Thurs, Friday 9-4 and by appointment
Most societies have some form of third-party conflict transformation process. This course will focus on mediation and the third party role of the mediator. It will take a brief look at the historical roots of mediation, the various streams of its more current manifestation in North America, its theoretical basis, the arenas/situations in which mediation is appropriate and indicated and arenas/situations in which it is not, cultural implications of mediation and some of the ethical dilemmas mediators face.
This is largely a skills course and much class time will be spent learning the process of mediation and the skills needed to be a mediator. It is experiential in nature in that it will elicit and build upon your experience of conflict and will use various experiential learning tools to develop these practical mediation skills. It is the second course in a sequence and you are expected to demonstrate a previous understanding of conflict, conflict transformation and communication skills and principles
College Outcomes:
The
- Development of a faith that is active and reflective
- Development of intercultural openness with the ability to function effectively with people of other world views
- Development of the ability to think actively and strategically
- Development of personal integrity that fosters ability to resolve conflict and to promote justice
- Development of responsible stewardship for human systems and the environment
- Development of a healthy understanding of self and of others that is reflected in social relationships of interdependence and mutual accountability
1) To demonstrate a basic understanding of conflict and its transformation; the vocabulary and definitions in the field
2) To examine one’s personal beliefs and feelings about conflict and truth and to assess one’s conflict style, strengths and challenges in dealing with conflict
3) To understand the history of mediation and to examine the principles, strategies and underlying values of the current streams of mediation.
4) To develop skills in interpersonal mediation; including assessment, communication, negotiation and facilitation; through observation, discussion, role-plays and other exercises.
5) To locate mediation within the gamut of conflict transformation strategies and third party roles, understanding the arenas/situations in which mediation is appropriate and indicated and arenas/situations in which it is not.
6) To identify intra-personal, interpersonal and systemic/structural components of various conflicts
7) To examine the implications of culture on conflict and mediation
8) To describe various ethical dilemmas for mediators and the personal values that will inform personal action when confronted with these dilemmas.
9) To understand the philosophical underpinnings of restorative justice and VORP as a primary application of RJ.
Course Texts
Bush, Robert A. Baruch & Folger, Joseph P., The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition, Jossey-Bass Publisher, 1994.
Fisher, Roger & Ury, William, Getting to Yes: Negotiating Agreement Without Giving In, Penguin, 1991.
Schrock-Shenk, Carolyn, editor, Mediation and Facilitation Training Manual: Foundations for Constructive Conflict Transformation, 4th Edition, Mennonite Conciliation Service, 2000.
Zehr, Howard, The Little Book of Restorative Justice, Good Books, 2002.
1) Attend and actively participate in all class sessions.
2) Read all assigned readings. Specific readings and exercises have been designated. Additional readings and exercises may be suggested and/or assigned along the way.
3) A ten minute presentation on a specific application of mediation (See attachment A)
4) Small group project: Research issue/lead class discussion. You will work in groups of three to address a topic of interest or controversial issue related to the field. You will have a 30-minute segment of class to present varied viewpoints on your topic and facilitate a class discussion. (See attachment B)
5) A book review of a mediation-related book (See attachment C)
6) One or two exams (one at mid-term for sure and likely one at the end) and at least one quiz.
7) A one-hour practicum related to mediation. (See attachment D)
a. Engagement with a conflict-related practitioner or program (8-12 hours)
b. Journal that includes observations/learnings from a and b and c above, and assigned entries
. c. Final synthesis journal entry
d. Log of all 4th hour activity
Attendance in this course is critical;
therefore each unexcused absence, as well as repeated tardiness, will effect
your grade. (For an absence to be
excused, please contact instructor by phone or email before class.) All work is
due at the beginning of the class period for which it is assigned. 5% will be
deducted for the first 24 hours of lateness and 10% for 24-120 hours (1-5
days). No work will be accepted later than five days.
Grading distribution:
15% Class attendance, participation, misc. homework assignment
10%` Class presentation on mediation application (Activity A)
15% Group project/discussion facilitation (Activity B)
10% Book review (Activity C)
30% Exams/Per Evaluation (Activity D - 15%- Theory/Concepts Exam, 15% - Peer Evaluation)
20% Practicum (Activity E - 4 components)
Grading scale:
A 90-100%
B 80-89%
C 70-79%
D 65-69%
F 64% and below
Statement Regarding
possible. If you have a disability and require accommodations, please
contact the instructor early in the semester so that your learning needs
may be appropriately met. In order to receive accommodations,
documentation concerning your disability must be on file with the
be held in the strictest confidence.
Activity A: Presentation on a
Mediation Application - Due on day you sign up
Mediation has grown by leaps and bounds in the last several
decades and is now practiced in many, many arenas. Each of these arenas has its
uniqueness, contributions, dangers and challenges. To help all of us get a
sense of the scope of mediation in
1) Specifically, please find out the following
a. What is the scope of this kind of mediation? How effective does it seem to be
b. Describe any kind of related credentialing and/or mediator qualifications.
c. Describe the kinds of cases/situations that are addressed by this kind of mediation.
d. Describe any unique contributions this kind of mediation is making to our society.
e. Describe any unique challenges and/or dangers related to this kind of mediation.
f. Describe any related journals and/or national organizations.
g. How are most mediators funded and/or what kind of organizations employ them?
2) You need to have at least four sources from which to gather your information. If you use web sites, these must be evaluated for credibility and fully documented so that the instructors can also enter and examine the site if they wish to do so. (If we cannot enter the site, it will affect your grade.)
3) One of those sources must be an interview with a mediator (in person or by phone) who does this kind of mediation. You many ask them any of the above questions. In addition, find out things about his/her personal involvement, such as:
a. How s/he got into this kind of mediation
b. What s/he finds most fulfilling as well as most challenging
c. What is the most memorable case s/he mediated
d. Does s/he do this fulltime? If yes, how many cases a week (or month) and how many hours does a case average? If no, what other work does s/he do?
(Be creative in finding a mediator to interview. If you really have trouble, let Dean know and he can possibly help. Also, if you are intending to interview a local mediator, please check with Dean first because we do not want to max out our local folks.)
4) Prepare a ten-minute oral presentation for class to help your classmates learn about this particular application of mediation. Be as creative as you can.
5) Also prepare a one page hand-out summarizing the key things about this type of mediation of what you have learned
6) Examples of kinds of mediation:
-labor -family -divorce -environmental
-community -landlord/tenant -public policy -on-line
-court ADR -health care -organizational -church/congregational
-workplace -gang -harassment/discrimination -special education
-peer -child custody -status offender -other?
Intended Objectives:
- To develop and pursue a research question about a particular topic or controversial issue in the field and to increase awareness of the literature in the field.
- To integrate readings, class discussions and literature in order to critique, present and discuss alternative views on the topic.
- To develop small group participation and collaboration skills.
- To develop oral presentation, discussion and facilitation skills.
We will divide the class into working groups of three and four. Your first task will be to decide together what question or issue to pursue. Please narrow your research project to some question or issue that has alternative viewpoints rather than broad topics (such as VORP or Peer Mediation).
Please submit a half-page project proposal to us that states clearly what you are intending to research and why. Before submitting your proposal to us, do some initial library research to ascertain whether there will be sufficient material available for your research. Include in your proposal, a listing of at least two sources that you intend to use for your project; one web site and one journal article or book chapter.
A large part of the objective of this project is to learn more about how to communicate clearly and creatively, how to facilitate discussion and how to encourage the open exchange of differing views. You will need to prepare your presentation to include 15-20 minutes of presenting content and 10-15 minutes of discussion and class interaction. Please be creative in both. For example, you can use overheads or a fishbowl role play during your presentation or try a group exercise (roleplay, case study, spectrum, etc.) as part of the discussion time. Feel free to come and talk to one of us and we can brainstorm ideas together. You will be graded on clarity, thoroughness and creativity of presentation, relevance of the topic to the class, facilitation of class discussion and shared leadership. Please bring a list of the resources you used (in accurate bibliographic format) to class on the day of your presentation. You should have at least six sources.
Written work: Summary, Group Evaluation and Self Evaluation – 3-4 pages
- due the next class after your presentation
Research summary – (1-2 pages): Each of you, on your own, need to write a summary of what you learned in this project. Begin with clarifying the issue/question and then briefly describe the essence of your research. Include any unresolved issues or questions that it has raised for you. (This is a summary of your group’s work/research, not just your own.)
Group evaluation – (˝-1 page): Please begin by giving your group a letter grade for group process. Then describe why you chose that grade by addressing your working relationship. How were the tasks shared? What kind of leadership did the group have? How did you deal with conflict that emerged? Are there unresolved issues left? Etc.
Self-evaluation – (˝-1 page): Please give yourself a letter grade on your involvement in the entire project then describe why you chose that grade. Describe your involvement, commitment and energy level throughout. How did you contribute to group process? How well did you present and engage your classmates in discussion? Etc.
Oral presentation/discussion facilitation 70% (same for each person in the group)
Written summary/evaluation 30%
- Do school peer mediation programs really make a difference in school violence?
- Are schools that include conflict transformation in their curriculum for all students more successful in curbing violence and behavior problems than schools who implement only a peer mediation program?
- Is mediation a culturally-bound process that is appropriate only for white, middle class, NA folks and therefore inappropriate or even offensive to other cultural/racial/ethnic groups?
- Is mediation appropriate for dealing with situations of sexual, racial, sexual orientation harassment/discrimination and/or for sexual violence, domestic/spouse abuse situations?
- Is mediation an “opiate of the peacemaker” in that it smoothes the surface conflicts while ignoring the deeper systemic issues?
- Can mediation be applied to large group conflicts? Or conflicts between groups?
- With the increase in computer technology, there are now ways to “do mediation” on-line. Is this an acceptable, appropriate, useful way to do mediation?
- Given the rise of mediation in many sectors and the professionalism of the field, is it appropriate/necessary/critical to have mediator standards that include a professional and/or academic degree?
- Is competence in matters of cultural diversity critical to be an effective and ethical mediator in our multi-cultural society?
- Are the principles and goals underlying Restorative Justice (and VORP) different from or similar to the principles and goals of mediation?
- Are there gender differences in communication and conflict processes and in conflict transformation work?
- What is the role of birth order in determining one’s conflict style?
- Are there tensions around different types of mediations and the role of confidentiality?
There are a growing number of new books on the market about all facets of mediation. Our own library shows 80 plus on the topic. Notre Dame would have more. Please choose one that interests you in exploring the topic of mediation further. Read the book and write a book review read it and write a 3-4page book review. Approximately half of the paper should summarize the content of the book. The other half should summarize new insights you gained, how it compares or relates to what you have learned in class (and other readings) and questions/issues it raised for you.
Activity D – Exams and Peer Evaluations
There will be an exam worth a total of 15% of your overall
grade. There will be an exam on September 30 which will likely be
multiple choice, true/false, short-answer and essay in format. Please
note that you are responsible for all the readings and materials assigned
through out the semester regardless of their coverage during class. For example, if I do not cover all the
reading materials assigned for a given class period during our class
discussions and lectures you are still responsible for knowing that material
for exam purposes.
Much of our class
time will be spent in roleplays. In order
to facilitate a cooperative classroom environment, student observers and
disputants will be asked to evaluate the mediators in their group. Many people dwell on the negative and are
their own biggest critics, therefore peers will concentrate on the positive
aspects of the interaction. Observers
and disputants will complete the evaluation form and share their responses with
the mediators. The evaluations will then
be handed in to Dean at the end of the class period. Evaluations will be returned to the mediators
at a later date. Your peer evaluations
in conjunction with the instructors observations will make-up 15% of your
overall grade.
Activity E – 4th Hour Mediation-Related Practicum
As we understand this extra hour of credit, it is the praxis piece of the course - intended to help cement the principles, skills and processes we are learning in class by applying them outside of class. And truly, there is no way to really learn mediation except to do it. (That’s why we do role-plays in class.) Finding places/people/conflict in the broader community that are open to mediation by anyone, given that it is still a relatively new concept for most, is hard enough. Finding those willing to accept student learners makes it even more difficult. So Dean has designed a practicum that includes a variety of things:
a. Engagement with a conflict-related practitioner or program (8-12 hours)
b. Journal that includes observations/learnings from a and b and c above, as well as other entries as
assigned an log of all 4th hour activity
. c. Final synthesis journal entry
d. Log of all 4th hour activity
You will need to keep an accurate and specific log of the activities in the three areas of this practicum. We want to see the log at mid-term and again at the end. You are expected to spend 20-30 hours fulfilling this 4th hour requirement.
a) A connection with a conflict practitioner/practice
(8-12 hours)
Ideally all of you would be able to observe some actual mediations and then co-mediate with an experienced mediator. However, given the dearth of mediation in this area, that is not going to be possible (though it might be for a few of you). There are a variety of people and organizations in the area that do some kind of conflict resolution or transformation work – in schools, in the community, as private practitioners, etc. You are responsible to choose one of the options below (or to come up with an option of your own) and spend 8-12 hours in connection with that person or program. Your first task is entry and trust-building and getting to know the person/program you are connecting with. Please contact them and set up some initial orientation time. You then need to determine during that initial meeting what makes most sense for how to connect – given your schedule and learning needs and their schedule and options. You'll need to be flexible for this to work well. As Dean has made the contacts, it sounds like some of the options include observing (mediations, trainings, etc), interviewing staff, reading background information, co-mediating/training, serving as a coach or assistant, doing some "grunt work" for the organization, etc.
Along with a specific log of your time spent with this practitioner/practice, please write an entry that describes that summarizes the program, including:
-who they are, their philosophy about conflict, conflict transformation, violence, etc.
-what they do (approach, extend of their programs, etc.)
-who they serve
-their effectiveness
Also describe what you learned, your observations, impressions, questions, connections to learnings in class, etc.
b) Outside Mediated/Facilitated Event
Participate/observe some kind of mediated or facilitated event or activity that includes working at differences or conflict. Some options include discussions on campus, community meetings such as city council, county commissioners, library board, etc., congregational business meetings, etc. provided they have a facilitator and include discussion of an issue around which there is conflict. For your journal reflections on this, please describe what you attended and identify principles from class and/or the readings that were relevant during this event. (1-2 pages)
c)
Journal and log
Please use a flat folder with a binder in the middle to keep your journal entries. Every time you do anything related to this fourth hour practicum, please record it in your journal. Where it is appropriate/relevant, add any of your thoughts/reflections/learnings. This will then serve as both your log at the end of the one hour practicum as well as your journal. There may be times when you simply have an entry without any thoughts, such as:
September
14 (1.5 hours) Drove to
Other times you may have lots of reflection, such as:
Sept
25: (3 hours) Spent time with
We prefer to have all entries typed to make them easier to read. If you handwrite any, they must be easily legible.
Your final journal entry is intended to be a short summary (2-3 pages) that addresses 2 things:
-What did I learn through the praxis part of this course?
-What questions/issues did it raise or leave unanswered?
PJCS 325 Tentative Schedule with Reading/Project Assignments
(This schedule is tentative and subject to change based on the needs of the students and the whims of the instructor.)
Abbreviations: MCS
– MCS Mediation and Facilitation Training
Manual
F&U
– Fisher & Ury & Patton; Getting
to Yes
B&F
– Bush & Folger; The Promise of Mediation Zehr
– The Little Book of Restorative Justice
Date Topic Readings/Assignments
Thurs
Introduction
to the course and ourselves
Aug 26 Conflict, conflict transformation overview/review MCS pp 17-38; 70-73
I-statements
Thurs Transformative Mediation - Intro B&F ch 1-4
Sept
2 Third party
roles
Mediation; history and overview MCS pp 157
Communication in mediation: MCS
pp 74-77, 131-151
Listening skills/Restating
Open-ended Questions
Conflict Styles MCS pp 60-69
3 Ten
Minute Mediation Application Presentations
Thurs Principled
Negotiation MCS
pp 146-147, 157-165
Sept
9 Co-Mediators MCS
pp 170, 172
Mediation Process Overview F&U
ch 1-5, MCS p 171
Positions/interests
Getting
people to the table
3 Ten
Minute Mediation Application Presentations
Thurs Transformative
mediation - Continued B&F ch 9-10
Sept 16 Stages of Meditation MCS pp 172-186, 314-316
Sample Mediation
4 Ten Minute Mediation Application Presentations
Thurs Group Meeting/Research Time
Sept
23 No Lecture –
Dean at Believers’ Church Conference
Book Review Due – Turn in at Wyse Reception Mailbox
Thurs Theory and Concept Exam
Sept
30 Stages I-III
Roleplay 1
Debriefing
Sample Mediation
3 Ten Minute Mediation Application Presentations
Group Topic Due
Thurs Stage IV
Oct 7 Problem-solving/healing
Working with emotions
Roleplay 2
3 Ten Minute
Mediation Application Presentations
Thurs Stage IV (cont), V
Oct
14 Role Play 3
3 Ten Minute Mediation Application Presentations
Thurs Roleplay 4
Oct 21 Reframing skills
3 Ten Minute Mediation Application Presentations
Thurs Roleplay 5
Oct 28 Follow-up
3 Ten Minute Mediation Application Presentations
Thurs Roleplay 6
Nov 4 Roleplay 7
Thurs Culture, conflict and mediation MCS pp 99-126, 166-169
Nov 11 Power imbalances and other dilemmas MCS pp 41-45,57,78-91
Roleplay 8
Thurs Restorative justice/VORP MCS pp 39-40, 92-98
Nov
18 Presentations Zehr
Complete book
Thurs
Presentations
Dec 2
Options for Engagement with
Mediation/Conflict Transformation Work
PJCS 325 – Mediation – Fall 2003
--ECR (Education for Conflict
Resolution), 603 Bond
ECR is a community mediation
organization which runs several programs out of their
Contact: Angie
Briner, Exex. Dir. – 260-982-4621
--
This community mediation center offers a variety of mediations – from agriculture to VORP to special education to court-referred. You can spend time at the Center learning about it as well as (most likely) observe one or more mediations. They can take up to two students.
Contact: Frances Russel (PM) Mediation Development; Phone: 269-467-5624
--Peacemakers (
This is a very unique, local program of combining martial arts and conflict transformation. It works with youth who have been targeted by bullies, youth with a history of bullying and others who've been bystanders. It teaches kids how to use mental self-defense to defuse threats as well as physical self-defense techniques to counteract aggression.
Contact: Steve Thomas: 534-7118
--Center for Community Justice
(CCJ) (
CCJ provides "community-based services for victims, offenders, and the community. Much of their focus is the VORP but they also do court-referred mediation and a bit of community mediation. You would connect with the person who does the court-referred mediations, learning about what he does, spending time with him in court and observing (co-mediating?) mediations.
Contact: Merlane:
295-6149