Frequently
Asked Questions about Conflict Resolution
What Is Conflict
Resolution?
There are many ways to resolve conflicts –
surrendering, running away, overpowering your
opponent with violence, filing a lawsuit, etc.
The movement toward Alternative Dispute Resolution
(ADR), sometimes referred to simply as conflict
resolution, grew out of the belief that there
are better options than using violence or going
to court. Today, the terms ADR and conflict resolution
are used somewhat interchangeably and refer to
a wide range of processes that encourage nonviolent
dispute resolution outside of the traditional
court system. The field of conflict resolution
also includes efforts in schools and communities
to reduce violence and bullying and help young
people develop communication and problem-solving
skills. Common forms of conflict resolution include:
Negotiation is a discussion
among two or more people with the goal of reaching
an agreement.
Mediation is a voluntary and
confidential process in which a neutral third-party
facilitator helps people discuss difficult issues
and negotiate an agreement. Basic steps in the
process include gathering information, framing
the issues, developing options, negotiating, and
formalizing agreements. Parties in mediation create
their own solutions and the mediator does not
have any decision-making power over the outcome.
Arbitration is a process in
which a third-party neutral, after reviewing evidence
and listening to arguments from both sides, issues
a decision to settle the case. Arbitration is
often used in commercial and labor/management
disputes.
Mediation-Arbitration is a hybrid
that combines both of the above processes. Prior
to the session, the disputing parties agree to
try mediation first, but give the neutral third
party the authority to make a decision if mediation
is not successful.
Early Neutral Evaluation involves
using a court-appointed attorney to review a case
before it goes to trial. The attorney reviews
the merits of the case and encourages the parties
to attempt resolution. If there is no resolution,
the attorney informs the disputants about how
to proceed with litigation and gives an opinion
on the likely outcome if the case goes to trial.
Community Conferencing is a
structured conversation involving all members
of a community (offenders, victims, family, friends,
etc.) who have been affected by a dispute or a
crime. Using a script, the facilitator invites
people to express how they were affected and how
they wish to address and repair the harm that
resulted.
Negotiated Rulemaking is a collaborative
process in which government agencies seek input
from a variety of stakeholders before issuing
a new rule.
Peer Mediation refers to a process
in which young people act as mediators to help
resolve disputes among their peers. The student
mediators are trained and supervised by a teacher
or other adult.
What Types of Disputes
Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve
almost any type of dispute. Family mediators,
for example, help people with divorce, custody
issues, parent-child or sibling conflicts, elder
care issues, family business concerns, adoption,
premarital agreements, neighbor disputes, etc.
Other types of conflicts that respond well to
alternative dispute resolution include workplace
disputes, labor/management issues, environmental/public
policy issues, health care disputes, international
conflicts, and many others.
How Do I Find a
Qualified Mediator?
Mediation is the most commonly used form of ADR
and is the service most requested by members of
the public. The Association for Conflict Resolution
maintains a referral list of family mediators
who have met ACR's training and experience criteria.
This list is available on the ACR Web site.
Another good source for mediator referrals is
www.mediate.com. The ACR Family Section also maintains
a list of FAQs that specifically address family
mediation issues.
In the future, ACR will expand its referral list
to include qualified ACR members that practice
in areas other than family mediation.
Court-appointed mediators can be volunteers,
salaried court employees, mediators in private
practice, or mediators who are affiliated with
a local community mediation center.
How Much Does a
Typical Mediation Cost?
Solving conflicts through mediation or other
ADR processes usually takes less time and costs
less money than litigation. Costs vary widely,
depending on the complexity of the case and the
experience and training of the mediator. Mediators
come from a variety of professions, including
law, social work, human resources, psychology,
education, ministry, and others. Their hourly
rate usually reflects their training and years
of experience. For example, some mediators may
work with low-income clients on a volunteer basis,
while others are highly paid lawyers who include
ADR as part of their practice.
What Are the Benefits
of Mediation?
Mediation allows parties to maintain greater
control of their lives and make their own decisions.
The process fosters understanding, cooperation,
and agreements that work for both parties. It
usually costs less money and takes less time than
litigation, and compliance with agreements is
often higher than with court-imposed judgments.
Another primary benefit is privacy. The process
is confidential, allowing parties to avoid public
disclosure of sensitive information in the courts.
What Training Is
Required to Become a Mediator?
There are no national training requirements or
credentials for mediators.
Some states
have requirements for mediators to be listed in
court referral rosters.
There is an increasing trend toward mediator rosters
and credentialing programs through professional
organizations. For example, Family Mediation Canada
has an extensive credentialing program, and ACR
maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic
training and a 20-hour advanced training. Some
people begin their practice by volunteering at
a community mediation center or co-mediating cases
with an experienced mediator. Others go on to
complete an advanced degree and/or certificate
program in conflict resolution at a college or
university. There are many specialized conflict
resolution programs at institutions of higher
learning in the U.S., and hundreds more that offer
courses related to peace and conflict resolution.
For more information about programs in higher
education, visit Campus
Conflict Resolution Resources or see "Academic
Programs" at www.mediate.com.
For a list of ACR-approved family mediation trainers,
please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research,
Education and Development, now merged with the
Peace Studies Association into the Peace and Justice
Studies Association, or PJSA) produced a Global
Directory of Peace Studies and Conflict Resolution
Programs, which describes undergraduate and graduate
degree and certificate programs at 381 colleges
and universities in 42 countries.
How Can I Help
My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict
resolution and/or violence prevention programs.
These programs take a variety of forms, including
efforts to address the problem of bullying, integrating
conflict resolution ideas into curricula, using
role play to help young people learn skills and
practice alternative responses to conflict, and
training young people to serve as mediators with
their peers.
These programs not only foster safer schools,
but also impart positive values and skills (appreciating
differences, active listening, empathy, impulse
control, anger management, etc.) in the next generation
of adults. Some studies also suggest that participation
in conflict resolution programs increases academic
performance. For example, a study of 20 Cleveland
elementary schools with peer mediation programs
showed higher test scores on proficiency tests,
increased attendance, and fewer suspensions than
schools without mediation programs. Recent research
underscoring this relationship that was conducted
by Roger Johnson and David Johnson of the University
of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.
Many of the best conflict resolution education
programs integrate the principles of conflict
resolution throughout the entire school curriculum
and system, including programs to address issues
among students, teachers, administrators, school
board members, and members of the community.
Contact your local K-12 school and ask if they
offer peer mediation programs or other classroom
and school-wide conflict resolution education.
If not, you may want to ask the principal to consider
instituting such a program. Conflict resolution
education information and five useful Fact Sheets
are available on ACR's Education Section Web site.
At the higher education level, there are more
than 220 university- or college-based mediation
and conflict resolution programs across the country.
In addition to teaching conflict resolution to
students, these programs address many conflicts
on and off campus, including student-to-student
or student-faculty disputes, university vs. community
conflicts, and many more. The Conflict Management
in Higher Education Report, edited by William
C. Warters, Ph.D., is a useful newsletter that
focuses on university- and college-based conflict
resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.
How Widespread
Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative
dispute resolution gained popularity in the 1980s
and the trajectory of growth has risen steadily
ever since. Although programs vary widely, all
jurisdictions now have some type of ADR program.
Some jurisdictions have mandatory programs, such
as requiring disputants in certain cases (such
as divorce) to take parenting classes or meet
with a mediator to attempt to resolve custody
issues. As public awareness of ADR has grown,
so has the number of number of mediators working
in private practice. While there is no comprehensive
data on the number of conflict resolution practitioners,
informal estimates put the number of private practitioners
in the U.S. at more than 20,000. Some examples
of the growing use of ADR include:
-
The U.S Postal Service, the nation's largest
employer, conducts over 10,000 mediations
a year through its REDRESS program.
-
According to the National Center for State
Courts, 16 states currently require some form
of mandatory mediation, while another 16 have
voluntary or discretionary use of mediation
in cases involving divorce, child custody,
small claims, landlord/tenant disputes, etc.
-
The Individuals with Disabilities Act (IDEA),
Amendments of 1997 [P.L. 105-17], require
state departments of education to provide
mediation services to help resolve differences
between school systems and families of children
with disabilities.
-
President Bush has recognized the value
of conflict resolution in his National Fatherhood
Initiative, which calls for $200 million in
grants to community and religious groups to
promote fatherhood, marriage education, and
conflict resolution.
-
According to a 1998 survey by PricewaterhouseCoopers
and Cornell University, 88 percent of American
corporations had used mediation and 79 percent
used arbitration in the previous three years.
In addition, over 84 percent said that they
were likely or very likely to use mediation
in the future, while 69 percent said the same
about arbitration.
-
In March 2001, the United States Supreme
Court focused attention on the growing use
of arbitration by businesses in its ruling
on the Circuit City Stores v. Adams case.
The Court ruled 5-4 that employees cannot
sue companies if the employees sign an arbitration
agreement when they were hired. In other words,
employers can require arbitration to resolve
workplace disputes. More than eight percent
of American workers are now bound by arbitration
agreements as a condition of their employment.
-
An increasing number of companies are also
trying to create conditions within the workplace
that help people resolve their problems quickly
and without outside intervention. These employee
dispute resolution systems channel employee
conflict in constructive directions and encourage
early resolution. The policies are integrated
into the corporate culture and use a variety
of approaches, including hot lines, peer review
panels, mediation, and arbitration to resolve
disputes. Current research indicates that
about 10 percent of American employers have
implemented such internal systems.
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