STORY
IDEAS FOR THE PRESS
Also: Review ACR
Press Releases
ACR can provide the media with
information and resources on a variety of topics
including:
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Teaching Conflict Resolution in Schools/
Anti-bullying Programs
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Mediating Family Disputes
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Conflict Resolution in the Workplace
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Alternative Dispute Resolution in the
Courts
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International Crisis Negotiation and
Resolution
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Advancing the Field of Conflict Resolution
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Using "Round Table" Discussions to Help
Groups Reach Consensus
For media interviews, contact Audrey Rothstein
at
arothstein@ACRnet.org or 202-464-9700, ext.
209.
Teaching Conflict
Resolution in Schools/Anti-Bullying Programs
As violence and shootings continue to plague
our nation's classrooms, more and more schools
are turning to the principles of conflict resolution
to help young people resolve conflicts peacefully.
Thousands of public schools now have some type
of conflict resolution and/or violence prevention
program. These programs take a variety of forms
including efforts to address the problem of bullying,
integrating conflict resolution ideas into curricula,
using role play to help young people practice
alternative responses to conflict, and training
young people to serve as mediators with their
peers. All programs are designed to create a positive
environment where students feel safe and welcomed
and able to resolve their differences without
violence. These programs not only foster safer
schools, but also impart positive values and skills
(appreciating differences, active listening, empathy,
impulse control, anger management, etc.) in the
next generation of adults. Some studies also suggest
that participation in conflict resolution programs
increases academic performance. For example, a
study of 20 Cleveland elementary schools with
peer mediation programs showed higher test scores
on proficiency tests, increased attendance, and
fewer suspensions than schools without mediation
programs. Educators believe that the peer mediation
programs contribute to increases in students'
academically-relevant skills and their comfort
level in school. Conflict resolution programs
are also becoming more common at the college level,
with more than 220 colleges and universities now
using campus-based mediation programs to address
student, faculty and community disputes.
Mediating Family Disputes
Family mediation services help solve conflicts
in the most basic and important unit of our society
and provide an important alternative to the traditional
adversarial approach. Services include divorce
mediation, negotiation of pre-nuptual agreements,
post-divorce mediation to resolve parenting issues,
assistance with disputes over wills and estates,
elder care concerns, and many other issues. As
families, lawyers, and other professionals become
more familiar with the process of mediation, many
are voluntarily turning to mediators to help them
with their disputes. Many court systems also now
require couples contemplating divorce to seek
mediation before resorting to the courts. One
significant benefit of mediation is that, unlike
a court action, the disputing parties retain control
of the process and the outcome. The mediator facilitates
a discussion between the parties that allows them
to choose their own agenda and create their own
agreements. Unlike arbitration, the mediator does
not make any decisions about the outcome. The
mediator remains impartial at all times and guides
the parties through a process that involves gathering
information, framing the issues in a neutral context,
developing options, negotiating, and formalizing
agreements. At any point, if one party is not
satisfied with the mediation, he or she can withdraw
from the process and pursue a remedy elsewhere.
Any discussions or documentation prepared during
mediation is normally confidential and cannot
be disclosed during a subsequent legal proceeding.
Family mediators represent a substantial portion
of the ACR membership and come from a variety
of backgrounds including law, social work, counseling,
ministry and other areas.
Resolving Conflicts
in the Workplace
American society is experiencing an explosion
of workplace litigation. Over the past ten years,
lawsuits involving employment discrimination filed
in federal court have risen by 300 percent. Charges
of discrimination filed by individual workers
with the Equal Employment Opportunity Commission
(EEOC) have increased 44 percent. Generally, this
litigation involves statutory discrimination due
to race, sex, age, handicap, and sexual orientation.
Facing this tidal wave, more and more companies
are turning to alternative dispute resolution
(ADR) to resolve these conflicts out of court.
Many are taking a two-fold approach that involves
resolving current litigation through the use of
mediation and arbitration while also attempting
to prevent conflict from ever becoming litigation
through the use of workplace conflict resolution
systems. Mediation refers to the voluntary process
of using a neutral facilitator to help parties
reach their own settlement. Current research indicates
that over 90 percent of all major American employers
have used mediation to resolve their employment
conflicts. Unlike mediation, arbitration gives
decision-making power to the third party neutral.
The parties must abide by that decision and there
is little opportunity to appeal the decision.
More than eight percent of American workers are
now bound by arbitration agreements as a condition
of their employment.
The mandatory element of employment arbitration
is very controversial. Some observers believe
this new approach to employee relations saves
time and money, improves productivity and creates
better working relationships. Others see it as
an infringement on an individual's constitutional
right to a jury trial. The EEOC and the national
plaintiffs bar feel these programs are unfair
and represent unwise social policy. The laws are
still shifting on this issue, but the Supreme
Court appears committed to allowing arbitration
as a condition of employment.
An increasing number of companies are trying
to create conditions within the workplace that
help people resolve their problems quickly and
without outside intervention. These employee dispute
resolution systems channel employee conflict in
constructive directions and encourage early resolution.
The policies are integrated into the corporate
culture and use a variety of approaches, including
hot-lines, peer review panels, mediation, and
arbitration to resolve disputes. Current research
indicates that about 10 percent of American employers
have implemented such internal systems.
Alternative Dispute
Resolution in the Courts: Is Justice Being Served?
Over the past 25 years, many courts have integrated
Alternative Dispute Resolution (ADR) processes
into their system of justice. If you bring your
dispute to family court, small claims court, general
civil courts or a court of appeal, you may be
required to first try to solve that dispute outside
of the court room. For example, a judge may tell
a divorcing couple to schedule some sessions with
a mediator and try to resolve their differences.
Only if the couple is unable to reach an agreement
through mediation will the judge allow them to
air their disagreements in court. Members of the
public often have many unanswered questions about
how ADR may impact their lives.
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What's the difference between mediation,
arbitration, neutral evaluation, and summary
jury trials?
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Should ADR be mandatory?
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What criteria are used in choosing a method
of ADR and who makes the decision?
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Who pays? Does it really save time and money?
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What kinds of cases are appropriate for ADR?
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What roles do attorneys and judges play in
the process?
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What ethical dilemmas arise in court-based
ADR programs?
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What are the research findings on court ADR?
Does it work?
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What steps can court ADR programs take to
ensure provision of first-rate mediation services?
International Crisis
Negotiation and Resolution: Experts in Conflict
Resolution Offer NewPerspective on Terrorism
We've heard extensive reporting about the possible
military, economic or political actions that will
defeat terrorism and restore peace and justice
to our fractured world. But we also need to hear
from the professionals who specialize in conflict
resolution – the mediators and negotiators who
study the nature of conflict and solve disputes
for a living. Beyond the immediate issues of war
and peace, we need to think about approaches to
the underlying conflicts that exist between Islamic
and Western worlds. Conflict resolution professionals
learn to look at seemingly intractable problems
and find small openings that can lead to resolution.
They understand the importance of language and
choose their words carefully. They identify areas
of common ground and define issues so that the
framework includes the perspectives of both parties.
They encourage parties to acknowledge their fears
and feelings, as well as their opinions and grievances.
These and other "principles" of conflict resolution
seem to be lost in the discussions about how to
respond to the current crisis. While it is important
to bring Bin Laden to justice, that alone will
not bring an end to terrorism. There are no quick-fix
answers, but there are some actions that might
begin to shift our thinking in positive ways and,
perhaps in time, even create solutions. For example:
Analyze Needs, Interests and Values –
We need to try to understand the needs, interests,
and values of all parties involved – including
the Islamic masses, Islamic fundamentalists, the
US government, and the US people. Are there historical
forces hindering a resolution? Are people unable
to overcome basic value differences or is it more
important for them to assert their values than
to resolve the conflict? Unless we address these
types of questions and understand the root causes
of fear and hatred, terrorism will only grow and
become more lethal.
Avoid Labeling People as Evil or Crazy --
A key to understanding impasse is to accept that
from some vantage point it makes sense. It may
be hard, but we must try to understand what is
really happening. Depicting impasse as stemming
from insanity or immorality is a way to avoid
looking at the real sources of the problem.
Negotiate –We should be willing to negotiate
with everyone. The question is not whether we
should negotiate or not, but with whom, how, and
toward what end.
Citizen-to-Citizen Diplomacy -- We need
to create more people-to-people, and organization-to-organization
exchanges with the Arab world. These kinds of
programs helped to dispel stereotypes and alienation
between American and Soviet citizens and contributed
to the end of the Cold War. It can happen again
with the Arab world.
Advancing the Field
of Conflict Resolution
The Association for Conflict Resolution was created
in 2001 by the merger of three previously separate
organizations -- the Academy of Family Mediators,
the Conflict Resolution Education Network, and
the Society of Professionals in Dispute Resolution.
The rapidly changing field of conflict resolution
faces many challenges -- from educating the public
about the field, to developing standards and credentials
for practitioners, to resolving on-going debates
about issues such as confidentiality or whether
or not a law degree should be required to practice
alternative dispute resolution. Separately, each
of these organizations had a limited voice in
discussions on these and other policy issues.
With a combined membership now of over 6000 members,
ACR is poised to play a key role in the professional
development of its members and in advancing the
field of conflict resolution worldwide. ACR leaders
are available to discuss the new organization
and issues facing the field.
Using "Round Table"
Discussions to Help Groups Reach Consensus
A variety of Alternative Dispute Resolution techniques
can be used to help groups of people resolve complex
conflicts and make difficult decisions about integrated
planning. One of the most effective and widespread
techniques is the "round table" model of group
facilitation.
North American Tribal Councils and the Quakers
have used this model in an informal way for years.
During the past decade, this method of negotiation
has also become popular among community groups,
nongovernmental organizations, neighborhood associations,
public advisory groups, regulatory agencies, caucuses,
clubs, companies, and many other groups.
The dialogue process among the volunteer members
follows a common-sense sequence that consists
of consensus decisions and includes 1) articulating
a vision 2) setting an agenda 3) analyzing issues
4) brainstorming for options 5) evaluating options,
and 6) making a final decision that is binding
on the members. A neutral facilitator leads discussions
by posing guiding questions, keeping the group
focused on one issue at a time, and helping people
evaluate the options to find common ground.
The process provides several major advantages,
such as open and meaningful access for large numbers
of participants, speed, focus on commonality,
instant accountability and stakeholder support
for the final decision. ACR speakers discuss the
types of conflicts that can be resolved using
round table discussions and explain both the basic
principles and operational details of how to conduct
this method of conflict resolution.
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