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What is Mediation?
 
Abstract

Mediation is the process of settling conflicts and disputes with the help of a mediator, a neutral third party who facilitates the process. The Head Start community will learn the three-step mediation process, the role of the mediator, and the guiding principles of conflict resolution. Mediation offers all members of the community the benefit of building cooperation and fairness in their decision making processes.

The following is an excerpt from
Head Start Bulletin

What is Mediation?
 
 

Guiding Principles for Conflict Resolution

The following is a list of guiding principles for conflict resolution. This list is not exhaustive, nor are the items listed in order of importance.

  • Empowerment
  • Cultural competence
  • Collaboration
  • Respect
  • Infusion of skills to all stakeholders and others within community
  • Systems approach/worldview
  • Learning community
  • Upstreaming – solving problems closest to source of differences
  • Community ownership
  • Community partneships

Mediation is the process of resolving disputes and conflicts with the help of a neutral third party, a mediator, who facilitates the process. It allows individuals to bring their problem to the mediation table in order to cooperatively work out their differences. The goal of mediation is not to determine guilt or innocence, but rather to work out differences constructively.

While mediation programs and mediators may differ in their approach, most use the same basic process.

Mediation Process

Step I: Introduction and Ground Rules

In this first phase, parties demonstrate a willingness to solve the problem and agree to follow certain ground rules, such as:

  • Be truthful and sincere.
  • Listen (without interruption) as each party speaks.
  • Show respect. Use language that clarifies but does not blame.
  • Emphasize the importance of confidentiality.

Step II: Discussion

During the discussion phase, disputing parties:

  • Share their perceptions about what happened and their feelings about the conflict.
  • Brainstorm possible solutions.
  • Discuss what they would do differently in similar situations.
  • Explore solutions that are "win-win."
  • Reach agreement on a "win-win" resolution to the dispute.

Step III: Closure

During closure, the mediator:

  • Congratulates disputing parties on their efforts.
  • Reminds them of the significance of honoring their agreement.
  • Reiterates the vision of the group or program.

Benefits of Mediation

Although no conflict resolution process guarantees resolution, there are several benefits to mediation:

  • It is less expensive than litigation.
  • It usually facilitates rapid resolution.
  • It can address power imbalances by having a third party observe and assist in the exchange of information.
  • Participants are usually satisfied with the process and the results.
  • There is a high rate of compliance when a mediator is used.

Mediation offers parents, directors, and administrators a model for promoting people's abilities to make decisions about their lives, for fostering respect and cooperation, and for encouraging the use of fairness rather than power in decision making.

Kathryn Fernandez is a Head Start Fellow in the Head Start Bureau's Training and Technical Assistance Branch; T: 202-205-5931; E: kfernandez@acf.dhhs.gov.

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What Is Mediation?. Hernandez, K. Head Start Bulletin. #68. DHHS/ACF/ACYF/HSB. 2000. English.


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