What is Conflict Resolution?
Conflict Resolution is directed at understanding conflict processes
and alternative non-violent methods to help disputing parties
reach mutually acceptable positions that resolve their differences.
The emerging field of conflict resolution was one of the major
intellectual influences leading to the establishment of the United
States Institute of Peace in 1984. By an act of Congress, such
an institution "would be the most efficient and immediate
means for the Nation to enlarge its capacity to promote the peaceful
resolution of international conflict."
Resolution is at the heart of the mission of peacefully coming
to terms with conflict issues. A conflict may be said to be resolved
when all the parties freely accept a solution that has the following
characteristics: by joint agreement, the solution satisfies the
interests and needs underlying the conflict; the solution does
not sacrifice any party's important values; the parties will not
wish to repudiate the solution even if they are in a position
to do so later; the solution meets the standards of justice and
fairness; the solution is sufficiently advantageous to all the
parties that it becomes self-supporting or self-enforcing.
Any party's stance toward a given conflict depends largely on
variables such as ideology, power, and goals. Low-power groups
generally do not call for conflict resolution or peace; they want
empowerment, change, and justice. Their more typical approach
is to agitate conflict. More powerful parties are more likely
to deter, suppress, repress, or control conflict. Third-party
interveners may aim to resolve, manage, regulate, or settle conflicts,
whereas academics analyze, teach, and predict.
The growth in awareness of the range of issues relevant for conflict
resolution parallels an increased understanding of the variety
of bargaining and negotiation skills required to facilitate the
resolution process, sensitivity to the natures of parties involved,
and mastery of the substance of the conflict. Common forms of
conflict resolution:
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 (Med-Arb) 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.
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.
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.
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. States vary widely in their approach to regulating
the field, with some states choosing to "license" mediators
while other states may "register" or "certify."
Currently, only four states (FL, NH, TX, VA) have certification
programs.
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.
How Can Children and Young Adults 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.
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.
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.
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 Alternative Dispute Resolution (ADR) Act of 1998 requires
federal district courts to adopt an official ADR program.
The Federal Mediation and Conciliation Service now employs nearly
200 full-time mediators.
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 Equal Employment Opportunity Commission currently employs
more than 100 full-time mediators to assist with employment discrimination
cases.
The U.S. Dept. of Justice sponsors a national mediation program
through the Keybridge Foundation to settle complaints filed under
Titles II and III of the Americans with Disabilities Act of 1990.
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 work-place 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.
© 2003 by the
Association for Conflict Resolution |
