2005-01-12 CC Packet - Laserfiche WebLink

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