COMMUNITY MEDIATION: AN UNTAPPED TOOL FOR CONSULTANTS

When consultants encounter problems with their clients, they often believe that the courts or lumping it are their only options. Surprise! There is another viable option: community mediation.

History: The roots of community mediation can be found in the community concerns to find a better way to resolve conflicts, and the efforts to improve and complement the legal system. Citizens, neighbors, religious leaders and communities became empowered, realizing that they could resolve many complaints and disputes on their own in their own community through mediation. Experimental community mediation programs using scores of volunteer mediators began in the early 1970's in several major cities. These proved to be so successful that hundreds of other programs were founded throughout the country. Community mediation programs now flourish throughout the United States.

Community mediation is characterized by (1) the use of trained community volunteers; (2) sponsored by a private non-profit or public agency with a governing/advisory board; (3) mediators and others involved represent the diversity of the community served; (4) the provision of direct access to the public; (5) the provision of services to the public regardless of the ability to pay; (6) the promotion of collaborative community relationships; (7) the encouragement of public awareness;(8)intervention during the early stages of the conflict; and (9) the provision of an alternative to the judicial system at any stage of the conflict.

Definition of mediation: Mediation is a process of dispute resolution in which one or more impartial third parties intervenes in a conflict with the consent of the disputants and assists them in negotiating a consensual and informal agreement. Simply put, mediators provide a safe place for people involved in a conflict to talk freely and openly. In the ideal, through the mediation process, citizens are empowered by learning how to improve their conflict resolution and communication skills so that the next time they encounter a problem, they can solve it on their own.

Community Mediation Program Statistics: Statistics tell part of the story in the great national growth of community mediation programs. Ten years ago, it is estimated that there were approxiimately 150 community mediation centers; today, there may be more than 650.

- # of community mediation programs = >650*
- # of active volunteer community mediators = >19,500
- # of citizens trained by community mediation programs = >76,000
- # of disputes (cases) referred on an annual basis = > 97,500
- # of disputes (cases) mediated on an annual basis = > 45,500.**

The typical (median) community mediation programs has 1.5 staff, 30 active mediators, operates on a $40,000 annual budget, receives 150 referrals per year and mediates 70 cases.

Some states have been very active in supporting community mediation statewide. For example, the New York state legislature provides funding to centers serving all 62 counties in the state. New York community mediation centers received over 44,000 case referrals in the 1995 fiscal year involving over 100,000 people.

Michigan has provided funding to twenty-nine programs across the state. North Carolina's 26 programs receive support from a diverse array of sources in addition to some legislative funding.

Statistics from community mediation programs throughout the country indicate that when all disputants appear for a mediation session, 85% of the time, they reach an agreement. Importantly, in follow-up, parties appear to uphold these voluntary agreements, 90% of the time. Also, during follow-up interviews, 95% of the parties indicate that community mediation was useful and they would use mediation again if a similar problem arose.

Beyond statistics, community mediation programs are involved in a wide variety of disputes.

Neighborhood and Community Disputes: These types of disputes are considered the major thrusts of most programs. They consist of interpersonal cases involving neighbors or family members or others who have a fairly, close relationship. These cases can range from barking dog, landlord/tenant and consumer/merchants, to assaults, threats, and harassment problems.

Juvenile and School Mediation: Most community mediation programs believe that the sooner citizens can learn basic problem solving and communication skills, the sooner they can be empowered to solve their own problems. Importantly, violence is dramatically affected our children. It is estimated that 23% of the victims of assault, robbery and rape are youngsters between the ages of 12-17, although they account for less than 10% of the U.S. population. Much of this violence is perpetuated by young people. Thus, community mediation programs began creating school conflict resolution programs. Evaluations have been impressive. In one study, 90% of the teachers said they are more willing to let students take responsibility for solving their own conflicts. 80% of the student mediators agreed that the mediation process helped them to understand people with different views. Often, schools with mediation programs report an 80% reduction of office referrals of student problems; 80% reduction in student fighting; and 75% reduction of school suspensions.

Victim/Offender Mediation: A growing number of community mediation programs offer victim/offender mediation - an opportunity for victims and offenders to conduct a dialog. In the late 1970's, only a handful of such programs existed; a recent survey finds over 125 programs in the U.S. Most of these programs do not handle extremely serious cases such as rapes and armed robberies. Statistics indicate that over 90% of the mediation sessions produced a negotiated plan to compensate the victim and more than 80% of juvenile offenders complied with their restitution obligation. Considerably fewer and less serious additional crimes were committed within a one-year period by juvenile offenders who participated in a victim-offender mediation program than by similar offenders who did not participate in mediation.

Courts/Legal System Referrals to Mediation: Most community mediation programs receive a substantial portion of their case referrals from court clerks, prosecutors, judges, and the police.

Innovative applications of mediation: Beyond the types of cases referred to above, community mediation programs are highly involved in parent/child disputes; school conflicts including truancy and gang mediation; and divorce and other civil disputes. Programs throughout the country are also involved in a diverse variety of innovative applications involving such issues as construction sites, prison, AIDS, race relations, boycotts, migrant workers, agricultur, clean air/water rights, public policy, farm grazing rights, employment. religious disputes, community policing and business/corporate disputes.

Conclusion: The future is bright for community mediation programs. As diversity and differences increase in the U.S., the opportunities for conflicts and disputes will increase concomitantly. A recent survey stated that 82% of Americans would prefer to go to a mediator rather than go to court. Despite the active use of volunteer community mediators, more resources need to be devoted to this arena. The National Association for Community Mediation (NAFCM) could prove to be a valuable resource for consultants since NAFCM is taking a leadership in assuring adequate resources, fair access to all citizens, and high quality for all community mediation programs. Mediation has the potential for transforming our conflictual society into a collaborative, problem-solving one.

*It is estimated that in 1976, there may have been less than 10 community mediation centers; In 1986, approximately 100 community mediation programs.

**There has been little national evaluation or compilation of community mediation; thus, these statistics are based on research in certain states or regions.

Resources

Schools:

Resolving Conflict Through Mediation, Aetna Insurance Company, brochure, 1995.

Maryland Middle School 1995 Annual Report.

"Building the Peace: The Resolving Conflict Creatively Program," DOJ, Office of Justice Programs, NIJ, 1994.

Victim-Offender Mediation:

"The Development and Impact of Victim-Offender Mediation in the U.S.," by Mark Umbreit, Mediation Quarterly, Volume 12, Number 3, Spring, 1995.

Courts:

Community Dispute Resolution Programs and Public Policy, Daniel McGillis, December, 1986, U.S. Department of Justice, NIJ.

Conclusion:

1992 NIDR National Study to survey public opinion towards dispute resolution document.

Other:

Community Dispute Resolution Manual, Insights and Guidance from Decades of Practice, NIDR, 1991.

Building the Collaborative Community, by William R. Potapchuk and Caroline G. Polk, 1994.

"Perspectives and Prospects for the Future" Page by Scott Bradley and Melinda Smith, NIDR News, November/December, 1995, Volume II, Number 6.

Neighborhood Justice Centers Field Test, Final Evaluation Report, by ISA, Janice Roehl and Royer Cook, 1980, DOJ/NIJ.