Student Mediation and Student Mediation and AdvocacyAdvocacy

A Confluence of Practice A Confluence of Practice and Thought - Challenging and Thought - Challenging Us to Respond in Manners Us to Respond in Manners Consistent with our Jesuit Consistent with our Jesuit

IdentityIdentityPresented ByPresented By

Alexander Antal, J.D. CandidateAlexander Antal, J.D. CandidateRebecca T. Magruder, M.S.W., J.D.Rebecca T. Magruder, M.S.W., J.D.

JASPA ConferenceJASPA ConferenceSt. Louis UniversitySt. Louis University

July 19, 2010July 19, 2010

Student Mediation and Student Mediation and Advocacy Program (MAP)Advocacy Program (MAP) InceptionInception

Initial findingsInitial findings

Future prospectsFuture prospects

Statement of NeedStatement of Need

500+ formal conduct cases in three 500+ formal conduct cases in three years related to student-to-student years related to student-to-student conflictsconflicts

70% of the students involved in filing 70% of the students involved in filing or responding to a student-to-student or responding to a student-to-student grievance were involved in more grievance were involved in more than one grievance throughout their than one grievance throughout their time at Saint Louis Universitytime at Saint Louis University

Goals of the ProposalGoals of the Proposal

Provide alternative methods of conflict Provide alternative methods of conflict resolutionresolution

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

Improve student skills in Improve student skills in communication, empathy, and communication, empathy, and expressionexpression

Benefits of the ProposalBenefits of the Proposal

Reduction in number of cases and Reduction in number of cases and hearingshearings

Improve the living/learning Improve the living/learning environment of studentsenvironment of students

Provide peer advocacy training for Provide peer advocacy training for students, enhancing their leadership students, enhancing their leadership skillsskills

Advocate ProcedureAdvocate Procedure Student elects to go to a conduct hearingStudent elects to go to a conduct hearing

Student is offered a student advocateStudent is offered a student advocate

Graduate coordinator assigns advocate to Graduate coordinator assigns advocate to casecase

Advocate schedules meeting with studentAdvocate schedules meeting with student

Advocate attends hearing with charged Advocate attends hearing with charged studentstudent

Student Meeting with Student Meeting with AdvocateAdvocate

Advocate explains role and confidentialityAdvocate explains role and confidentiality

Student informs advocate of charges and Student informs advocate of charges and explains incidentexplains incident

Advocate informs student of policy and Advocate informs student of policy and their optionstheir options

Advocate goes over hearing process and Advocate goes over hearing process and what the student should do to be preparedwhat the student should do to be prepared

ResultsResults

57% of students offered a student 57% of students offered a student advocate utilized one in preparing for their advocate utilized one in preparing for their hearing.hearing.

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

90% of students said their advocate help 90% of students said their advocate help them a great deal in understanding the them a great deal in understanding the hearing process.hearing process.

Future PlansFuture Plans

Increase awareness of student Increase awareness of student advocate servicesadvocate services

Create short videos explaining Create short videos explaining policies and potential consequencespolicies and potential consequences

Increase student participation in Increase student participation in annual policy reviewannual policy review

Mediation ProcedureMediation Procedure

Referral SourcesReferral Sources Graduate Coordinator evaluates incident Graduate Coordinator evaluates incident

reportsreports

Director of Student Conduct evaluates Director of Student Conduct evaluates incident reportsincident reports

Direct referral from a member from Direct referral from a member from Housing and Residence Life Staff, or Housing and Residence Life Staff, or other University faculty and staff.other University faculty and staff.

Mediation ProcedureMediation Procedure

Students meet with a representative Students meet with a representative of the Office of Student Conductof the Office of Student Conduct

Student information forwarded to Prof. Student information forwarded to Prof. Magruder and assigned to law student Magruder and assigned to law student mediation clinic participantsmediation clinic participants

Mediators set up meeting with Mediators set up meeting with studentsstudents

Mediation agreement signed and Mediation agreement signed and retained if needed at a later dateretained if needed at a later date

Initial ResultsInitial Results

10 incidents referred to mediation in the 10 incidents referred to mediation in the last 18 monthslast 18 months

6 incidents ended up using mediation 6 incidents ended up using mediation 2 of the referred incidents were between 2 of the referred incidents were between

roommates roommates 2 of the mediations were between significant 2 of the mediations were between significant

others others 2 of the referred incidents were within an 2 of the referred incidents were within an

organizationorganization

Other Student Mediation Other Student Mediation ProgramsPrograms

Fairfield University Fairfield University Conflict Resolution ConsortiumConflict Resolution Consortium Division of Student LifeDivision of Student Life Dr. Lucy Katz, Business LawDr. Lucy Katz, Business Law Twelve mediations in last 18 months, Twelve mediations in last 18 months,

including one major conflict involving including one major conflict involving the student newspaper. the student newspaper.

Have provided workshops for faculty Have provided workshops for faculty and resident advisersand resident advisers

Future PlansFuture Plans

Stream line referral processStream line referral process Develop mediation workshop for Develop mediation workshop for

undergraduatesundergraduates Providing mediation training for Providing mediation training for

Student Development Staff and Student Development Staff and Hearing OfficersHearing Officers

Making mediation a mandatory step Making mediation a mandatory step in certain conduct situationsin certain conduct situations

Principles of Jesuit Principles of Jesuit EducationEducation

Preparing students for life Preparing students for life Appreciating importance of relationships Appreciating importance of relationships Overcoming lack of concern for othersOvercoming lack of concern for others Understanding importance of reflectionUnderstanding importance of reflection Accepting responsibility for actionsAccepting responsibility for actions Learning forgiveness Learning forgiveness Understanding value of reconciliation Understanding value of reconciliation Embracing a life long openness to growthEmbracing a life long openness to growth

Mediation DefinedMediation Defined

Problem-solving conversationProblem-solving conversation

Facilitated byFacilitated by ImpartialImpartial BalancedBalanced Third partyThird party

Goals of MediationGoals of Mediation Identify issues important to each personIdentify issues important to each person Communicate ideasCommunicate ideas Understand each person’s perspectiveUnderstand each person’s perspective Reduce misunderstandingsReduce misunderstandings Clarify prioritiesClarify priorities Explore and evaluate optionsExplore and evaluate options Explore areas of compromiseExplore areas of compromise Negotiate differencesNegotiate differences Come to mutually acceptable agreements, Come to mutually acceptable agreements,

if possibleif possible

Transformative Theory of Transformative Theory of ConflictConflict

Conflict alienates people from their own sense of Conflict alienates people from their own sense of strength & their connection to others, which disrupts strength & their connection to others, which disrupts & undermines their interactions as humans& undermines their interactions as humans

Conflict generates sense of weakness, incapacity, Conflict generates sense of weakness, incapacity, self-absorptionself-absorption

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

Conflict causes a person’s core identity of being a Conflict causes a person’s core identity of being a strong self connected to others to be questionedstrong self connected to others to be questioned

Conflict Transformation – Conflict Transformation – Changing the Quality of the Changing the Quality of the

Parties’ InteractionParties’ Interaction Inherent human capacity for strength (autonomy) and Inherent human capacity for strength (autonomy) and

responsiveness (connection) motivates people in conflict to responsiveness (connection) motivates people in conflict to counteract tendencies of weakness and self-absorptioncounteract tendencies of weakness and self-absorption

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

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

People want closure and to move on – to do this requires People want closure and to move on – to do this requires that the interactional crisis be addressed directlythat the interactional crisis be addressed directly

The Promise of MediationThe Promise of Mediation

Mediation has the promise of reversing downward Mediation has the promise of reversing downward spiral of conflict by helping parties move from spiral of conflict by helping parties move from weakness to strength (empowerment) and from weakness to strength (empowerment) and from self-centeredness to understanding (recognition).self-centeredness to understanding (recognition).

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

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

Definitions of SuccessDefinitions of Success

Improved partiesImproved parties

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

Parties control process and outcomeParties control process and outcome

Six Levels of ResolutionSix Levels of Resolution StopStop the fighting & de-escalate the conflict the fighting & de-escalate the conflict SettleSettle the issues in dispute the issues in dispute ResolveResolve underlying issues that gave rise to underlying issues that gave rise to

the dispute & that will generate new the dispute & that will generate new disputes until resolveddisputes until resolved

ForgiveForgive opponents & ourselves opponents & ourselves ReconcileReconcile with opponents & renew with opponents & renew

relationshipsrelationships DesignDesign preventative systems & resolve preventative systems & resolve

conflicts faster and more easilyconflicts faster and more easily

Mediator’s RoleMediator’s Role

Helps people in conflict have a more constructive Helps people in conflict have a more constructive conversation conversation

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

Help parties make interactional shifts Help parties make interactional shifts Empowerment shift - from weakness and self-absorption Empowerment shift - from weakness and self-absorption

to strength and responsivenessto strength and responsiveness Recognition shift – self-absorption to responsivenessRecognition shift – self-absorption to responsiveness

Mediator BehaviorsMediator Behaviors

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

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

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

Mediator BehaviorsMediator Behaviors

Helps parties to develop their own Helps parties to develop their own communication guidelinescommunication guidelines

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

Remains patient, non-judgmental, and respectful Remains patient, non-judgmental, and respectful of parties’ choicesof parties’ choices

Benefits of Benefits of EmpowermentEmpowerment

Strengthened awareness of own self-worthStrengthened awareness of own self-worth

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

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

Strengthened ability to be confident, clear, Strengthened ability to be confident, clear, calm, organized, focused, decisive, and calm, organized, focused, decisive, and articulatearticulate

Benefits of RecognitionBenefits of Recognition Strengthened ability to relate to others Strengthened ability to relate to others

with more openness and attentionwith more openness and attention

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

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

Freely given once empoweredFreely given once empowered

Premises of Transformative Premises of Transformative MediationMediation

People want to be partners in human People want to be partners in human interactioninteraction

People don’t want to be victims or victimizersPeople don’t want to be victims or victimizers People are able to stand up for themselvesPeople are able to stand up for themselves People are able and want to relate to othersPeople are able and want to relate to others People are capable to making their own People are capable to making their own

decisions regarding how to proceed in the decisions regarding how to proceed in the mediation and what agreements they are mediation and what agreements they are willing to makewilling to make

Principles of Jesuit Principles of Jesuit EducationEducation

Preparing students for life Preparing students for life Appreciating importance of relationships Appreciating importance of relationships Overcoming lack of concern for othersOvercoming lack of concern for others Understanding importance of reflectionUnderstanding importance of reflection Accepting responsibility for actionsAccepting responsibility for actions Learning forgiveness Learning forgiveness Understanding value of reconciliation Understanding value of reconciliation Embracing a life long openness to growthEmbracing a life long openness to growth

Contact InformationContact Information Alex Antal, J.D. CandidateAlex Antal, J.D. Candidate

Mediation and Advocacy ProgramMediation and Advocacy Program Office of Student ConductOffice of Student Conduct St. Louis UniversitySt. Louis University Phone: 314-977-2081Phone: 314-977-2081 antalaj@slu.eduantalaj@slu.edu

Rebecca T. Magruder, M.S.W., J.DRebecca T. Magruder, M.S.W., J.D Mediator, Collaborative Attorney, EducatorMediator, Collaborative Attorney, Educator 118 North Second Street, Suite 300118 North Second Street, Suite 300 St. Charles, MO 63301St. Charles, MO 63301 Phone: 636-947-9273Phone: 636-947-9273 RTMmediate@sbcglobal.netRTMmediate@sbcglobal.net