Mock+Mediation

**MOCK MEDIATION REPORT: EDLD 5345 – HUMAN RESOURCE MANAGEMENT **
**THE SCENARIO: ** On September 28, Ms. Ima Teecher came to my office to file a formal complaint against Lotta Books, the librarian on our campus. In her statement, Ms. Teecher stated that on two separate occasions, Ms. Books was verbally abusive to her in front of both students and parent volunteers. She described the first incident as involving a change of schedule of which Ms. Teecher was unaware: as a result of the schedule change, Ms. Teecher brought her class to the library at an inappropriate time. According to Ms. Teecher, Ms. Books said to her in a loud voice, “I don’t know why you teachers can’t read an email. What I am supposed to do with this group now?” On the second occasion, Ms. Teecher described a situation where her students came to a grade level library function without supplies. Ms Teecher stated that she had understood supplies would be available at the function. According to Ms. Teecher, Ms. Books turned to Mr. Ed Yoocate and said loudly, “Do you see what I have to deal with here? Great attitude.” I spoke with Mr. Yoocate, who does recall the incident, although he does not recall exactly the nature of the exchange. Ms. Teecher has stated that she will no longer be bringing her class to the library if the situation does not improve.

I met with Ms. Books, who stated that she did not recall any instance where she spoke inappropriately to Ms. Teecher. She did, however, state that Ms. Teecher has a particular problem with arriving on time for her class’ scheduled library periods, and does not adequately review informational notices and emails from the library; as such, her students are often unprepared for library activities.

I have asked both Ms. Teecher and Ms. Books to attend mediation to develop a plan that ensures students are receiving appropriate library time and services, and that gives both Ms. Teecher and Ms. Books an opportunity to air their grievances and collaborate on solutions.

**MEDIATION CONFERENCE TEMPLATE ** 1. Hi, we will be your mediators today. (Introduce yourselves)

Mediator 1 **//Julia Wilson//**

2. Please introduce yourself. (May wish to shake hands)

Person # 2 **//Lotta Books, campus librarian//**
3. Let us explain the purpose of mediation: WE ARE NOT HERE TO JUDGE WHO IS GUILTY OR NOT. WE ARE HERE TO LISTEN AND HELP YOU SOLVE THIS CONFLICT.

4. Before you begin, we need for everyone to agree to the following ground rules: (each person must agree to each rule, one at a time – place an X when you look at each person, ask them to agree, and they say yes.)

//Remain seated X // //<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">No put downs or intentional insults X //

//<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Do not interrupt X // //<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Agree to try to solve the problem X //

//<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Be honest X // //<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Keep it confidential X //

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">5. These are the steps in mediation that we will follow: · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">You will each have an opportunity to tell your side of the conflict - what happened? · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">We will make sure everyone understands the conflict, and each person's point of view. · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">We will ask you to imagine the conflict from the other person's point of view. · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">We will ask you to brainstorm suggestions on how to solve the conflict. · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">If we can reach an agreement to resolve the conflict, you will be asked to sign a contract promising to keep your word and follow the agreement. · **<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">If an agreement cannot be reached, the matter will be referred to a counselor, principal, or some other supervisor. **

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">6. Who would like to go first, and tell us what happened? Remember, everyone will get a chance to tell his or her side. (Make eye contact with each person, listen and repeat the story back to each person - for example, "So, I hear you saying . . ." or "In other words...you’re saying . . .").

· <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">After each person's side is repeated, ask each person if he or she has anything else to add, and once again, restate or repeat each person's additional comments. · <span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Please identify any feelings that are clearly expressed, "So you're saying . . . and you are feeling angry about what happened," "Because of what you think happened, you are feeling frustrated, stressed, etc.”

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">7. Role reversal - Ask each person to pretend that he or she is in the other person's place, and ask them to tell how he or she would feel in the other person's shoes. For example, "If you were in her place, and this happened, how would you feel - if you were her?" Summarize the feelings of each person based on the role reversal.

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">8. Brainstorm solutions – Look at each person and ask, “What can **__you__** do to try to resolve the conflict?” List or describe the solutions/suggestions made:

· **<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Ms. Teecher - Suggestions: Ms. Teecher proposed that any concerns regarding adherence to the master schedule or library preparation be handled in an appropriate venue away from the eyes and ears of students or parent volunteers. // [Ms. Books agreed to this suggestion, although she continues to maintain that she has not violated that norm in the past.] //She also asked that any emails outlining changes in the schedule or requests for student materials be sent at least 24 hours prior to the scheduled time, as teachers cannot be expected to check email during instructional time. // [Ms. Books agreed that she would do this when possible; however, some emergent circumstances in the library would require more last-minute changes]. // Ms. Teecher responded with a suggestion that in such cases, a direct conversation outlining the change versus an email to ensure the information is communicated accurately and in a timely manner. **

· **<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Ms. Books - Suggestions: Ms. Books suggested that all teachers check their email at least once on the same day prior to their scheduled library times//. [Ms. Teecher indicated that she does, in fact, check her email in the morning before students arrive; however, on this occasion and others, the email does not arrive until after the instructional day has begun.] // **

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">9. Successful solutions – After each person has brainstormed suggestions to resolve the conflict, review each suggestion with each person and ask if he or she agrees with the suggestion. Please mark or note each suggestion both sides agree to follow.

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">10. Workable contract – Review all areas of agreement, and then ask each person if he or she believes the agreement will work, ask: Will this agreement work? Can you follow this contract?

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">Then complete the following:

· **<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Ms. Teecher agrees to: check her email during her 9:30 – 10:15 planning period on all library days, unless a parent-teacher conference precludes it. She also agrees to refine her time management to ensure that she arrives on time at her class’ scheduled library times. **

· **<span style="font-family: 'Arial','sans-serif'; font-size: 11pt;">Ms. Books agrees to: submit schedule changes or requests for student materials 24 hours in advance, or communicate with the classroom teacher directly if this time frame cannot be followed. She also agrees to request a private conference with Ms. Teecher or any other teacher if she has any concerns to address. **

<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">11. Closing – Have each person read what he or she agrees to do, and ask if each has any questions about the agreement. If no questions are asked, or questions are answered to each person’s satisfaction, then have each person sign the contract below:

__ Ima Teacher __ <span style="font-family: Arial,Helvetica,sans-serif; font-size: 11pt;">Person # 1

__ Lotta Books __ <span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">Person # 2

__ Julia Wilson __ <span style="font-family: 'Arial','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">Mediator #1

**<span style="font-family: 'Arial','sans-serif'; font-size: 11pt; line-height: 115%;">REFLECTION: **
I found the mediation framework to be a useful tool. Often as a teacher I find myself in a position to mediate conflict between students, and having a set structure to regulate the process would save time and increase accountability to decisions made. Based on the mock experience, I believe the structured format also decreases the tendency of a more aggressive party to attempt to dominate the conversation. I found myself considering the next steps of this process, i.e. the follow-up with teachers and the method of archiving and tracking such documentation. My primary realization during the mock mediation process was that it is impossible to duplicate the environment of a true mediation. This mock event was patterned after an actual conflict from my campus experiences of the past, and I know that the emotional component of the conflict was significant. What I feel this experience did not prepare me for is the de-escalation of hostility at the outset of the mediation. When personal feelings of pride, embarrassment, degradation, or devaluation stem from a conflict, it both raises the stakes and magnifies the challenges of finding an equitable solution that repairs an effective collegial relationship. I do believe that working to build empathy for an opposing perspective through the use of “I statements” and role reversal create a foundation for finding those areas of consensus and problem-solving. A school environment is one rife for conflict: the various wants and perspectives of such a broad base of stakeholders almost ensure that not all waters will flow calmly. I agree that prevention is vital, through the establishment of clear goals, expectations, and group norms. However, this will not ensure that no conflict will arise. I have seen first-hand in my career how an administrator’s intervention in conflict can affect the overall culture of a school: the importance of effective mediation of conflict cannot be overstated. This structure, which calls for direct dialogue, active listening to opposing parties, and a functional plan for resolution, creates a culture of collaboration over conflict, a standard that any administrator would do well to follow.