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2005-01-12 CC Packet
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2005-01-12 CC Packet
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<br />~I <br /> <br />Seeking Peaceful Alternatives <br /> <br />Mediatorsrepresentall walks of life. <br />Some mediators are lawyers, but it is <br />importanfto have mediators who "are <br />a~ diverse" as the community we serve.... <br />says Bailey-:Allen:- Lukes also serves as <br />c~ef trainer'for the.- state. in -b,-AAP.-. <br />defensive -driving. McCadden is if re: <br />tired rehab counselor and school coun- <br />selor, having always worked in some <br />capacity helping others. <br /> <br />Inside a Mediation <br />Statistics from the National Asso- <br />ciation of Community Mediation show <br />that 85 percent of mediations result in <br />agreements between disputants, 90 <br />perce~tofdisputan~S:':1P901d agreeme~ts <br />tiuu~gCJ nJedia~on;'93':percent of p~~ <br />ticipants indicate that they would use <br />mediation again, and 82 percent of <br />Americans would prefer to go to me- <br />diation rather than court. <br />Much of this appreciation for the <br />process stems from threeimportantfacts. <br />Mediation is voluntary, it's confiden- <br />tial, and the disputing parties get to <br />create their own mediation agreements. <br />The dispute is given back to the people, <br />who are also given the tools to fIX the <br />problems themselves sothey don't keep <br />calling the p9lice. ~'They rlQw have the <br />relationship with each other so when <br />that future incident com~'s up," Bailey- <br />Allen says. "they will call each other or <br />communicate with each other in what- <br />ever way they've agreed upon through <br />mediation:' <br />Mediations are held at the media- <br />tion program's headquarters or at a <br />neutral location. These meetings can <br />indudeanynumberofpeople. Gullickson <br />Moore of Minneapolis Mediation Pro- <br />gram expl3i,?-s that they "are adept at <br />handling groupsinexcess of 125 people:' <br />Mediators begin the. process by do- <br />ing a pre-screening, ensuring safety for <br />participants and making sure the case <br />is acceptable for mediation. In addition <br />to screening to ensure safety, media- <br />tors do at times contact law enforce- <br />ment to request that a squad car drive <br />by the location and ensure safety for <br />themselves and the participants. Mak- <br />ing mediation voluntary helps ensure <br />that only participants who want to be <br /> <br />1 BlMINNESOTA POLICE CHIEF <br /> <br />II <br /> <br />there, are there and this keeps the meet4 <br />ings safe. <br />Mediators alS(ldo prelitni:~~Fase,:, <br />work to make Sure. all involve<t parties <br />are contacted about the"situation arid to <br />learn about the: co~ictat~~""~~fo~ <br />the meeting. ''ItisimpoI1lmt;;Wailersledt <br />says, "to have all who arexesponsible <br />to the agreement present so things won't <br />become an issue later." <br />The waymediationisconducted varies <br />by situation. For some large~group me~ <br />diations, the groups are split up; in <br />other small-group mediations, the re- <br />storative circle is implemented. The <br />restorative circle mediation model comes <br />from the indigenous Pl"3ctice of talking <br />(:ircle~. A restorative ci~ie emphasi~s <br />living in balance with one's selfand the <br />community_ In this type of mediation, <br />the group sits in a circle, and each <br />person gets time to speak: before com- <br />ing to a group solution. Wallerstedt <br />says that mediators often use a talking <br />piece to ensure order to conversations. . <br />The person holding the talking piece is <br />the only one who can talk; this keeps <br />people from talk~ng over each other. <br />Lukes says that ~hen working in the <br />co-mediation style one mediator is not <br />put in charge; theYhaye'an equal s~are <br />of worle.When 'a "mediation beginS, the <br />volunteers greet the participants and <br />then ask who wishes to begin or ask the <br />person who reported the case to be the <br />first speaker. That person gives a brief <br />overview of the problem and then. the <br />other side has a chance to respond. The <br />mediator's job is to "listen for areas of <br />agreement and ask questions forcl8rifi- <br />cation," says Lukes. <br />The hardest part, according to both <br />Lukes and McCadden, is getting people <br />to communicate ii they:don't want to. <br />Mediators work to break down barriers <br />blocking conversation, like getting quiet <br />people to speak up and vocal people to <br />calm down. <br /> <br />In Agreement <br />The agreement that is formed during <br />a mediation is one created by thedisput- <br />ing parties. Before its signing, the me- <br />diators will do a "reality check'" on the <br />agreement by comfng up with "what if' <br /> <br />IL <br /> <br />scenario~, ~o: that.th~ disputants,kIJow <br />- -" how to handle any future problems. An <br />agree~ent' is. considered successfUl "as <br />long a"s the agreemerit repa"frs thebartn <br />to the victiln 'and the"offerider feels that <br />he or she has been abie to make amends <br />for it," says BaileY:'Allen; <br />When writing amediation agreement, <br />the mediator is very specific about what <br />is agreed upon. Copies are made for <br />both parties so there is "no mistaking <br />what they've agreed to:~ says Lukes. <br />Bailey-Allencalls themediationroom <br />the <<If only" room, as disputants often <br />come in saying, 4<If only my ex were <br />more reasonable," or "If only my neigh- <br />bor were more reasonable:' . In effect, <br />the "mediation room is the place where <br />people have the opportunity to be rea- <br />" sonable. <br />Sometimes the mediation agreements <br />do have some legal ramifications. Cases <br />referred by the courts or legal system <br />can come with restrictions on the dispu- <br />tants.Charges that were dropped upon <br />the assignment of mediation can be <br />reinstated if the agreement is not fol- <br />lowed. Most agreements are more what <br />one might call"a "gendeman'.s agree- <br />ment" or an agreement in. good faith. <br />SeniorCommanderColleenLuna, Saint <br />Paul Police Depanmentadds that. "Me- <br />" diation allows a win/win rather than a <br />winllose outcome." <br />Mediation does not end with the <br />agreement. Mediators do check back to <br />make sure the problem was cleared up <br />during mediation and keep tabs on the <br />number of calls made to police pre and <br />post-mediation. In rare cases, further <br />mediatiop. is required, but most times <br />the first meeting and the agreement <br />created work to solve the issue. <br />Dispute kesolution Center has its <br />clients fill out evaluations after creat- <br />ing their mediation agreement. One <br />contentcommunityparticipantremarked <br />on her evaluation, "'An amazing pro- <br />cess! I wish all communication could <br />be this straightforward. People are free <br />to share what they really think and <br />feel-what a concept.'" Another, a par- <br />ent of an offender, said "Very powerful <br />tool, essential to the healing process <br />for all." <br /> <br />II <br />
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