Sample Policy for Student Mediators
North Central College (Naperville, IL) Student
Judicial Volunteer Mediator Training Information
This information was posted on a gopher site. The link no longer
works. For more information contact the author, Thomas D. Cavenagh,
at the North Central College, Dispute Resolution Center, 30 North
Brainard Street, P.O. Box 3063, Naperville, Illinois 60566-7063
708-420-6918 e-mail: tdc@noctrl.edu.
Policy for Student Mediators
Mediators have one of the most important roles on campus: assisting
others in resolving the disputes that prevent peaceful coexistence.
They are often entrusted with confidential and highly sensitive
information. Therefore, they must be carefully selected, trained
and evaluated, and held to the highest standards of honesty, good
faith and sound judgment. The following policies address many crucial
concerns:
CONFIDENTIALITY
All matters handled by, or referred to, the North Central College
Dispute Resolution Center are confidential. All information regarding
people who use, request the use of, or are referred to the program
must be treated as absolutely private and highly sensitive. Mediators
may not divulge any such information to anyone outside the program
in any way. This policy applies to all current and former mediators
and should be enforced rigorously. Violation of this policy should
result in immediate dismissal from the program, and should lead
to formal disciplinary action.
CONFLICTS OF INTEREST
In order to ensure the fairest possible dispute resolution system,
mediators are required to excuse themselves from cases assigned
to them when a conflict of interest is present, or when the appearance
of a conflict is present. It is impossible to describe every possible
conflict of interest, so mediators are advised to request a replacement
if they have any doubt about the actual or apparent impartiality
of their work. Several examples of cases in which a conflict of
interest exists include: a case involving a roommate of the mediator,
a case involving a boyfriend or girlfriend of the mediator, a case
involving a lab partner of the mediator, or a case involving an
athletic, forensic or model United Nations teammate of the mediator.
The single most important source of mediation case referrals is
the student body. Student mediators have the crucial responsibility
of providing guidance to students involved in disputes who could
make use of the Center. Naturally, a mediator who assists a student
in self-referral of a case could not mediate that case. However,
the mediator may assist the student in preparing the case for mediation
by recommending the process to the student, explaining the process
to the student and helping to prepare the mediation referral form.
COMPLIANCE WITH COLLEGE POLICIES AND RESPONSIBILITIES
Mediators are expected to maintain the highest standards of conduct
and reputation. Mediators who fail to comply with expectations of
the community will be removed from the roster of mediators. Because
the position of mediator is one of great trust, the Center director
has broad latitude in determining whether the conduct of a mediator
disqualifies that mediator from continued service.
SELF-EVALUATION
In all cases, the mediator must complete a brief self- assessment
form. These forms will be used by the Center director to plan further
training and to assist mediators in developing important skills.
All forms will be treated as confidential.
ASSIGNMENT OF CASE
The assignment of a case to a mediator will be done by the Director
on a case by case basis. In assigning a case to mediator, the director
will consider many things including the complexity of the case,
the time-frame within which a mediation conference must be scheduled
and the need to provide a mediator who not only is, but appears
to be absolutely impartial. The director will attempt, as well,
to provide a mediator who is best able to provide the disputants
with a conference setting which is conducive to productive settlement
discussions. Finally, where appropriate, the Director may assign
co-mediators to a case.
APPEAL
In very rare circumstances parties may appeal the outcome of the
mediation process. Because the process is voluntary, the mediator
makes no decision and the outcome was crafted by the parties, the
only real grounds for such an appeal is mediator misconduct.
UNSUITABLE CASES
When should solutions to conflict NOT be negotiated?
- Harmful future conduct
- Strong due process considerations
- Preservation of legal rights
- Lack of capacity
- Repeated conduct
- Non-negotiable outcomes, i.e. alcohol
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