66 research outputs found
A peer mediation program piloted in the fourth grade at Black Earth Elementary School
No full textPlan BDespite concerns about increasing violence by educational officials, parents, and community members, most school programs do not provide students specific educational experiences that facilitate adequate personal and social development. Some schools, nationally, have addressed this need by offering educational programs teaching conflict resolution skills through peer mediation. The purpose of this study was to determine whether a peer mediation program piloted in a fourth grade population would encourage students to use conflict resolution skills to resolve disputes peacefully. The model used is called the Peers in Education Addressing Conflict Effectively (PEACE) Program, whose goal is to teach appropriate conflict resolution skills, and decrease hostility in the school environment.
Fifteen mediators, selected by their peers, were taught the PEACE program skills of conflict resolution. These skills include communication, reflective listening, identifying feelings and problem solving. The mediators were trained by the author and another staff member who had been trained in the PEACE Program.
The time frame of the study was from January 1999 to January 2000. Information was gathered through questionnaires given to peer mediators, a questionnaire answered by the fourth grade population and fourth grade teachers, anecdotal records and observations from participating teachers and the school principal. Results of the study did not show a reduction in antisocial behavior or reduced violence in the school. The findings did suggest that the mediators learned the conflict resolution skills, but because of the time schedule, opportunities to practice and use them were limited. Students and teachers did demonstrate positive interest in the program; students wanted to become trained mediators and teachers and administrators supported the concept of peaceful problem-solving. Data collected from the study will be used to evaluate the effectiveness of the program, identifying strengths and weaknesses for future program implementations
Alternative Dispute Resolution in the USA and Russia: A Comparative Evaluation
No full textDr. Nosyreva is an Associate Professor and Head of the Civil Law Department at Voronezh State University School of Law in Voronezh, Russia. She is currently a Fulbright Scholar at the University of Washington School of Law. Dr. Nosyreva received Doctorate in Arbitration Proceedings from the Russian Academy of Sciences, State and Law Institute, Moscow and also graduated from Voronezh State University School of Law, Russia. She also completed the Professional Mediation Skills Training Program at the University of Washington School of Law. Dr. Nosyreva has served as lawyer for the State Research Institute for Computer Technology in Voronezh, Russia. She has published more than thirty article in the last fifteen years and is author of the book ALTERNATIVE DISPUTE RESOLUTION OF CIVIL CASES IN THE USA (Voronezh Univ. Press). Her principal areas of interest are alternative dispute resolution in the USA and Russia; comparative evaluation of the methods of dispute resolution (arbitration, mediation, negotiation, mini-trials, court-annexed ADR, etc.)
Reforming the Iowa Civil Justice System, January 30, 2012
No full textExecutive Summary
I. Survey
The Task Force conducted a wide-ranging survey of more than 9,000 licensed Iowa attorneys and judges to obtain their input on a variety of civil justice system topics. The survey results helped inform the Task Force of problem areas in Iowa’s civil justice system.
II. Two-Tier Justice System
The Task Force recommends a pilot program based on a two-tier civil justice system. A two-tier system would streamline litigation processes—including rules of evidence and discovery disclosures—and reduce litigation costs of certain cases falling below a threshold dollar value.
III. One Judge/One Case and Date Certain for Trial
Some jurisdictions in Iowa have adopted one judge/one case and date certain for trial in certain cases. The assignment of one judge to each case for the life of the matter and the establishment of dates certain for civil trials could enhance Iowans’ access to the courts, improve judicial management, promote consistency and adherence to deadlines, and reduce discovery excesses.
IV. Discovery Processes
Reforms addressing inefficient discovery processes will reduce delays in
and costs of litigation. Such measures include adopting an aspirational
purpose for discovery rules to “secure the just, speedy, and inexpensive
determination of every action,” holding discovery proportional to the
size and nature of the case, requiring initial disclosures, limiting the
number of expert witnesses, and enforcing existing rules.
V. Expert Witness Fees
The Task Force acknowledges the probable need to revisit the statutory
additional daily compensation limit for expert witness fees. Leaving the
compensation level to the discretion of the trial court is one potential
solution.
VI. Jurors
Additions to the standard juror questionnaire would provide a better
understanding of the potential jurors’ backgrounds and suitability for
jury service. The Task Force encourages adoption of more modern juror
educational materials and video. Rehabilitation of prospective jurors
who express an unwillingness or inability to be fair should include a
presumption of dismissal.
VII. Video and Teleconferencing Options
When court resources are constrained both by limited numbers of personnel and budget cuts, it is logical to look to video and teleconferencing technology to streamline the court process and reduce costs. The judicial branch should embrace technological developments in ways that will not compromise the fairness, dignity, solemnity, and decorum of judicial proceedings.
VIII. Court-Annexed Alternative Dispute Resolution(ADR)
Litigants and practitioners in Iowa are generally satisfied with the current use of private, voluntary ADR for civil cases. There is concern, however, that maintaining the status quo may have steep future costs. Court-annexed ADR is an important aspect of any justice system reform effort, and the Task Force perceives benefits and detriments to reforming this aspect of the Iowa civil justice system.
IX. Relaxed Requirement of Findings of Fact and Conclusions of Law
A rule authorizing parties to waive findings of fact and conclusions of law could expedite resolution of nonjury civil cases.
X. Business (Specialty) Courts
Specialty business courts have achieved widespread support across
the country. In addition, specialty courts provide excellent vehicles for
implementing or piloting other court innovations that may be useful
in a broader court system context. A business specialty court should
be and could be piloted in Iowa within the existing court system
framework of the Iowa Judicial Branch.
Appendix included as a separate document, is 176 pages
Examining school based mediation: a literature review
No full textPlan BThis paper reviews the existing literature on school based mediation programs to answer the questions: What is school based mediation and what are the effects of school based mediation? It concludes with a critical analysis of the literature, and recommendations for practice and future research. Schools have been struggling to find solutions to deal with the issue of school violence and student conflicts. Although the literature reveals varying results as to the effects of school based mediation, it has been implemented by a number of schools over the past decade to meet the needs of conflict management for students. The school based mediation model is based on the community mediation model, which does not always take into account the need to have total school support for the program, support systems for student (peer) mediators, or funding for the program. One main obstacle in developing school based mediation programs is using the community mediation model without taking into account the specific needs of the school community. Some research proposes that an effective school based mediation program must be embraced by all of the school community. It is important for students to observe teachers, administrators and support staff reinforcing and modeling good conflict resolution skills. The literature reviewed on the community mediation model does not address how to initially introduce, promote acceptance by staff and infuse school based mediation into the school. While the research reviewed promoted support for the mediators in the form of regular mediator meetings for training and program logistics, there was no mechanism in place to deal with the potential interpersonal issues student mediators may encounter. A more intensive orientation for all students as to the process, benefits, expectations and contribution of mediation to the school should be conducted prior to implementing the program, with follow-up presentations to reinforce mediation and instill respect for the mediators. Student mediators need to be made aware of the potential for interpersonal conflicts with other students at the initial training, and be given strategies on how to deal with potential conflict themselves. School staff must be available and open to support and consult with student mediators when they are having interpersonal problems with other students as a result of their role as student mediators. There was little discussion in the research as to how to fund school based mediation programs. In a time of budget constraints it is critical to look at this very critical element. Without appropriate funding, the program might have inadequate training and be in competition with other school programs, which of course would diminish total school support
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What motivates New Brunswick employees to sue their employers, and does the law offer a relevant response?
No full textDisputes between employers and employees often have damaging consequences, including employee claiming that leads to lengthy, expensive and time-intensive legal processes. It is questionable if employee-initiated legal claims always effectively respond to the concerns on which they are based. This study explores the motivations of individuals in New Brunswick, Canada in their decisions to consider legal action against their employers. It argues that more attention should be paid to the reasons why individuals elect to pursue legal remedies and to the exploration of means for avoiding litigation or addressing the resolution of such differences in more effective and efficient ways. Adopting a multiple operationism methodology, this study has explored the motives of New Brunswick employees who consider advancing legal claims against their employers and has considered the procedural and remedial capacity of the existing common law and statutory employment law system to effectively respond to those motives. In addition, the study has examined the responsiveness of alternate justice models to the employee concerns that frequently result in the initiation of legal claims
Independent scholarly reporting about conflict interventions: negotiating aboriginal native title in south Australia
No full textThis thesis uses an action research methodology to develop a framework for improving independent scholarly reporting about interventions addressing social or environmental conflict. As there are often contradictory interpretations about the causes and strategic responses to conflict, the problem confronting scholar-reporters is how to address perceptions of bias and reflexively specify the purpose of reporting. It is proposed that scholar-reporters require grounding in conventional realist-based social theory but equally ability to incorporate theoretical ideas generated in more idealist-based peace research and applied conflict resolution studies. To do this scholar-reporters can take a comparative approach systematically developed through an integrated framework as described in this thesis.
Conceptual and theoretical considerations that support both conventional and more radical constructions are comparatively analysed and then tested in relation to a case study. In 2000 Aboriginal people throughout South Australia deliberated whether their native title claims could be better accorded recognition through conservative court processes or a negotiation process to allay deep-seated conflict. The author, in a scholar-reporter capacity, formulated a report attributing meaning to this consultative process.
As such a report could have been formulated according to alternative paradigms, methodological approaches and theoretical frameworks, the analysis of the adopted framework highlights how different approaches can bias the interpretation of the process and prospects for change. Realist-based conservative interpretations emphasise 'official' decision-making processes where legitimacy is expressed through political and legal frameworks based on precedent. Idealist-based interpretations emphasise that circumstances entailing significant conflict warrant equal consideration being given to 'non-official' 'resolutionary' problem-solving processes where conflict is treated as a catalyst for learning and outcomes are articulated as understanding generated about conflict and how different strategies can transform it.
The developed integrated framework approach establishes the independence of scholarly reporting. Its purpose goes beyond perpetuating scholarly debate about alternative 'objective' understandings of conflict; it focuses primarily on communicating a more inclusive understanding of the contradictions inherent in a particular conflict. It increases the capacity to understand when, where, why and how conflict precipitates social change, and articulates possibilities for reconceptualising what might be the more sustainable direction of change
Teaching Foundational Mediation Principles in a First-Year Lawyering Skills Program
No full textThis article asserts that foundational mediation principles and skills can successfully be taught in a first-year lawyering skills program. At the University of Kansas School of Law, we have included an instructional mediation module in our first-year course for many years. The module contains substantive instruction on alternative dispute resolution, active learning exercises, a mediation simulation, and a reflective oral report. Our module could be adapted to other first-year courses or to upper-level experiential and doctrinal courses. This article explains the learning goals of our mediation module and the module’s various components in detail. It explains the module’s many benefits and points out the potential disadvantages and challenges of adding a similar module to existing curriculum
Dispute resolution mediation services
No full textChapter I - Statement of Creative ProjectSince the beginning of time people have struggled with conflict. Conflict is an inevitable part of society among people of different origins, cultural backgrounds, gender, and overall lifestyles. Conflict can be defined in various ways. Coser (1956) defined it as a struggle over values and claims to scarce status, power and resources in which the aims of the opponents are to neutralize, injure or eliminate rivals. Simmel (1955) explained conflict as being designed to resolve divergent dualisms; a way of achieving some sort of unity, even if it be accomplished through the annihilation of one of the involved parties. However, no matter what the definition, the fact remains that in order for society to be somewhat civil in nature, people must find ways to deal with conflict and resolve differences.Throughout human history, people have found many ways to understand and deal with conflict. In both lore and fact, when conflict exists, so does the killing, imprisonment, abuse, segregation and isolation of people based on their disagreements over large and small issues (Weeks, 1994). While it is possible that some conflicts cause aggressive behavior or competition in an effort to defeat another person, conflicts can also occur in a subtle manner. For instance, people often deal with conflict by entering a state of suppression. These people would rather avoid the conflict altogether than deal with the issues that may stem from the conflict. To some people, conflict isn't worth "fighting over" (Folger, Poole, 1984 p.4). However, intentional or not, if two parties view a situation to be incompatible, a situation of conflict is likely to occur (Folger, Poole, 1984).Borisoff and Victor (1998) explain that just because certain people do not like conflict and avoid dealing with disagreements, conflict will not cease to exist. In fact, people who have been raised in an environment with little conflict, are often ill prepared to deal with others in difficult situations. Likewise, people who have been raised to understand conflict as a "direct clash" are also likely to be ill prepared to handle the "give-and-takes" aspects of interpersonal relationships (p. vii, viii).According to Porter and Taplin (1987) "Conflict resolution is as old as conflict itself" (p.19). They introduce various means of conflict resolution, including avoidance, conquest, education and contact, spontaneous remission, transactional resolution (direct negotiations and mediation), arbitration, judicial decision, and nonreconciliation (Porter, Taplin, 1987).This project will focus on mediation as a means to resolve conflict. When a third party is used to assist in the communication but not arbitrate, mediation has occurred (Porter, Taplin, 1987). Mediation is the conflict resolution process that has gained the most attention in recent years. In the last two decades, experimentation with mediation as an alternative or complementary process for resolving disputes has increased (Kressel, Pruitt Associates, 1989). Mediation is one of the oldest forms of conflict resolution. Mediation is typically used when there are three parties who rely on each other and two of the parties face a disagreement (Kressel, Pruitt, 1989).Evidence continues to show that mediation can be an effective and lasting tool in resolving many forms of conflict. The adequacy of mediation differs among programs, mediators and case types. (Kressel, Pruitt, Associates, 1989).College campuses are no different than any other social setting where conflict may occur. The Office of the Dean of Students at Ball State University has recently evolved from a single person to a comprehensive office of various staff members providing an array of student services. Staff in the Office of the Dean of Students, are striving to better serve students, faculty and staff in various ways. One particular way the Office of the Dean of Students would like to better serve the university community is to implement a conflict resolution/mediation program as an alternative form of discipline in the judicial process. By creating such a program, students will have the opportunity to improve their conflict resolution skills with the help of a third party. In addition, it is hopeful that inappropriate behavior of students who are unable to deal with conflict in a civilized manner will cease. The ultimate goal of the program is to teach students how to manage conflict throughout their adult life. The program created through this project has been designed to provide the Dean of Students and his staff with a vehicle to assist students to more appropriately resolve their conflict through mediation.The literature on mediation and conflict resolution provides a wealth of insight into the challenge of creating a useful program for students. This literature will be examined in the next chapter.Thesis (M.A.)Department of Educational Leadershi
An Overview of the Current Alternative Dispute Resolution (ADR) System: Projections for Future Expansion of ADR within Florida\u27s Civil Court System
No full textCurrently, mediation in Florida is a pre-suit requirement only for condo associations, homeowner disputes, and medical malpractice suits, as discussed in Florida Statute Chapter 720.311, 718.1255, 766.108, as well as those ordered by a judge. The American Bar Association (ABA) also reported that only 23 of the 204 law schools (11%) approved by the ABA require some form of Alternative Dispute Resolution (ADR) coursework to graduate. Changes need to be made for the ADR program to thrive and reach its full potential within our judicial system. This thesis will highlight that by calling for the government to make mediation a pre-suit requirement for other suitable areas in the civil court system. This thesis will also address the need for more law schools to require ADR training within their curriculum to create a new generation who understands and has the skills to implement ADR into their future law practices. By examining successful trends in ADR, statutes, and programs that have encouraged or forced the use of ADR, this thesis will provide ways ADR can reach its full potential within our court system. This thesis will contribute to the field of law, specifically in terms of contributing to the lack of data on ADR programs that reflect their positive impacts and where they might be most beneficial
Judicial Performance Evaluation and Settlement Skills
No full textThis article proposes five measures of judicial settlement skills, which may be used in an Australian pilot program for judicial performance evaluation. The measures are evaluated by a national survey of barristers and a national survey of judicial officers. The data was also verified by a series of judicial key informant interviews. Both barristers and judicial officers who responded to the surveys thought the proposed measures of judicial settlement skills were important measures of judicial performance. The measures have a high level of internal consistency for barristers but not for judicial officers. There was considerable divergence amongst judicial officers concerning the measures. No significant gender bias was evident in the data. Male and female judges were perceived to be similar performers on settlement skills. Curiously, appellate judges were perceived to be better performers than first instance judges. There was a strong indication that judicial settlement skills decline with judicial age and experience. Consistent with the approaches adopted in Alaska, New Jersey, Hawaii, Arizona and Nova Scotia, any pilot judicial performance evaluation program in Australia should include measures related to judicial settlement skills. This is all the more necessary with the increasing use of and encouragement for alternative dispute resolution techniques and the rise of managerial judging
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