Advocacy In a Negotiation Or Mediation Process - Saint Louis

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					Student Mediation and Advocacy
 A Confluence of Practice and
 Thought - Challenging Us to
Respond in Manners Consistent
   with our Jesuit Identity
               Presented By
      Alexander Antal, J.D. Candidate
     Rebecca T. Magruder, M.S.W., J.D.

            JASPA Conference
            St. Louis University

               July 19, 2010
      Student Mediation and
     Advocacy Program (MAP)
n   Inception

n   Initial findings

n   Future prospects
         Statement of Need
n   500+ formal conduct cases in three
    years related to student-to-student

n   70% of the students involved in filing or
    responding to a student-to-student
    grievance were involved in more than
    one grievance throughout their time at
    Saint Louis University
        Goals of the Proposal
n   Provide alternative methods of conflict

n   Empower students by teaching them
    how to resolve conflict and advocate for
    themselves effectively

n   Improve student skills in communication,
    empathy, and expression
     Benefits of the Proposal
n   Reduction in number of cases and

n   Improve the living/learning environment
    of students

n   Provide peer advocacy training for
    students, enhancing their leadership
         Advocate Procedure
n   Student elects to go to a conduct hearing

n   Student is offered a student advocate

n   Graduate coordinator assigns advocate to

n   Advocate schedules meeting with student

n   Advocate attends hearing with charged
Student Meeting with Advocate
n   Advocate explains role and confidentiality

n   Student informs advocate of charges and
    explains incident

n   Advocate informs student of policy and their

n   Advocate goes over hearing process and what
    the student should do to be prepared
n   57% of students offered a student advocate
    utilized one in preparing for their hearing.

n   100% of students felt comfortable being
    honest with their advocate.

n   90% of students said their advocate help
    them a great deal in understanding the
    hearing process.
              Future Plans
n   Increase awareness of student advocate

n   Create short videos explaining policies
    and potential consequences

n   Increase student participation in annual
    policy review
           Mediation Procedure
n   Referral Sources
    n   Graduate Coordinator evaluates incident

    n   Director of Student Conduct evaluates
        incident reports

    n   Direct referral from a member from
        Housing and Residence Life Staff, or other
        University faculty and staff.
        Mediation Procedure
n   Students meet with a representative of
    the Office of Student Conduct
n   Student information forwarded to Prof.
    Magruder and assigned to law student
    mediation clinic participants
n   Mediators set up meeting with students
n   Mediation agreement signed and
    retained if needed at a later date
                 Initial Results
n   10 incidents referred to mediation in the last
    18 months

n   6 incidents ended up using mediation
    n   2 of the referred incidents were between
    n   2 of the mediations were between significant
    n   2 of the referred incidents were within an
     Other Student Mediation
n   Fairfield University
    n Conflict Resolution Consortium
    n Division of Student Life

    n Dr. Lucy Katz, Business Law

    n Twelve mediations in last 18 months,
      including one major conflict involving the
      student newspaper.
    n Have provided workshops for faculty and
      resident advisers
              Future Plans
n   Stream line referral process
n   Develop mediation workshop for
n   Providing mediation training for Student
    Development Staff and Hearing
n   Making mediation a mandatory step in
    certain conduct situations
Principles of Jesuit Education
n   Preparing students for life
n   Appreciating importance of relationships
n   Overcoming lack of concern for others
n   Understanding importance of reflection
n   Accepting responsibility for actions
n   Learning forgiveness
n   Understanding value of reconciliation
n   Embracing a life long openness to growth
          Mediation Defined
n   Problem-solving conversation

n   Facilitated by
    n Impartial
    n Balanced

    n Third party
          Goals of Mediation
n   Identify issues important to each person
n   Communicate ideas
n   Understand each person’s perspective
n   Reduce misunderstandings
n   Clarify priorities
n   Explore and evaluate options
n   Explore areas of compromise
n   Negotiate differences
n   Come to mutually acceptable agreements, if
    Transformative Theory of Conflict
n   Conflict alienates people from their own sense of
    strength & their connection to others, which disrupts
    & undermines their interactions as humans

n   Conflict generates sense of weakness, incapacity, self

n   Conflict escalates and interaction degenerates due to
    vicious cycle of disempowerment (loss of strength)
    and demonization (loss of connection)

n   Conflict causes a person’s core identity of being a
    strong self connected to others to be questioned
    Conflict Transformation – Changing the
      Quality of the Parties’ Interaction
n   Inherent human capacity for strength (autonomy) and
    responsiveness (connection) motivates people in conflict to
    counteract tendencies of weakness and self-absorption

n   Pain of conflict caused by a person’s core identity being
    threatened motivates people to restore the balance of strength
    and connection

n   People want help in restoring the downward spiral of conflict and
    restoring constructive interaction

n   People want closure and to move on – to do this requires that the
    interactional crisis be addressed directly
         The Promise of Mediation
n   Mediation has the promise of reversing downward
    spiral of conflict by helping parties move from
    weakness to strength (empowerment) and from self-
    centeredness to understanding (recognition).

n   Self-determination and connection to others are the
    core elements of conflict transformation.

n   Mediation is one of the few venues that allows people
    in conflict to reconnect with each other on multiple
    levels to regain control over the decisions that affect
    their lives.
          Definitions of Success

n   Improved parties

n   Parties have experienced growth in
    strengthening of self and capacity to
    relate to others

n   Parties control process and outcome
      Six Levels of Resolution
n   Stop the fighting & de-escalate the conflict
n   Settle the issues in dispute
n   Resolve underlying issues that gave rise to
    the dispute & that will generate new disputes
    until resolved
n   Forgive opponents & ourselves
n   Reconcile with opponents & renew
n   Design preventative systems & resolve
    conflicts faster and more easily
                    Mediator’s Role

n   Helps people in conflict have a more constructive

n   Help parties change quality of conflict interaction
    from negative & destructive to more positive &

n   Help parties make interactional shifts
    n   Empowerment shift - from weakness and self-absorption to
        strength and responsiveness
    n   Recognition shift – self-absorption to responsiveness
              Mediator Behaviors

n   Focuses on details of interaction, looking for
    opportunities for empowerment and recognition

n   Helps parties to develop mutual understanding,
    insight into and empathy for other

n   Encourages all issues raised by the parties and
    translates, reflects, and summarizes issues, not to
    shape the solution, but to help each party better
    understand the other
               Mediator Behaviors

n   Helps parties to develop their own communication

n   Encourages parties to define the process, the
    problem, their goals, the criteria for evaluating
    options and solutions, and the ultimate solution

n   Remains patient, non-judgmental, and respectful of
    parties’ choices
     Benefits of Empowerment
n   Strengthened awareness of own self-worth

n   Strengthened ability to deal with difficulties
    of life, regardless of external constraints

n   Strengthened ability to reflect, examine,
    choose, and act upon options

n   Strengthened ability to be confident, clear,
    calm, organized, focused, decisive, and
       Benefits of Recognition
n   Strengthened ability to relate to others with
    more openness and attention

n   Expanded willingness to acknowledge and
    express concern for other party’s situation

n   Expanded ability to be accepting of the other
    party’s good faith

n   Freely given once empowered
Premises of Transformative Mediation

n   People want to be partners in human
n   People don’t want to be victims or victimizers
n   People are able to stand up for themselves
n   People are able and want to relate to others
n   People are capable to making their own
    decisions regarding how to proceed in the
    mediation and what agreements they are
    willing to make
Principles of Jesuit Education
n   Preparing students for life
n   Appreciating importance of relationships
n   Overcoming lack of concern for others
n   Understanding importance of reflection
n   Accepting responsibility for actions
n   Learning forgiveness
n   Understanding value of reconciliation
n   Embracing a life long openness to growth
           Contact Information
n   Alex Antal, J.D. Candidate
    n   Mediation and Advocacy Program
    n   Office of Student Conduct
    n   St. Louis University
    n   Phone: 314-977-2081
n   Rebecca T. Magruder, M.S.W., J.D
    n   Mediator, Collaborative Attorney, Educator
    n   118 North Second Street, Suite 300
    n   St. Charles, MO 63301
    n   Phone: 636-947-9273

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