Making
the Case for Campus Mediation
by Bill Warters
(Originally
published in The Fourth R, Vol. 55, Feb/March 1995)
Organizers
of college and university mediation programs commonly face the task
of having to "sell" the concept of mediation services to reluctant
administrators. In this article, I briefly present a range of rationales
that I have used with some success to make the case for campus mediation.
As each campus setting is different, program developers will have
to pick and choose among these strategies based on their situation
and the style and personality of the particular administrators with
whom they are dealing.
Unique Aspects of the College and University Environment
It is important to begin with some understanding of the unique
aspects of higher education settings. Analysts of higher ed have
long pointed out that colleges and universities are complex organizations
that are different in major respects from industrial organizations,
government bureaus, and business firms. For instance, Baldridge
(Baldridge, et al., 1977) has argued that in comparison to other
more "rational-purposive" organizations, colleges and universities
must grapple with the following:
1) They rarely have a single clearly articulated mission
and thus suffer from goal ambiguity, and must therefore build
decision processes that can grapple with a higher degree of uncertainty
and conflict;
2) They are "people processing" institutions that serve
clients who typically demand a voice in the decision-making processes;
3) They have a problematic technology, for in order to
serve clients (who are primarily students) their technology must
be holistic and adaptable to a wide range of individual needs;
4) They are professionalized organizations in which employees
demand a large measure of control over institutional decision
processes;
5) They are becoming increasingly vulnerable to external
political, economic, and demographic pressures that make internal
decision making more difficult.
These and other similar characteristics have led higher education
theorists to describe universities as "organized anarchies" and
"loosely coupled systems (Weick, 1976). By providing a service that
works to bridge the gaps between different campus domains, campus
mediation centers that work with all sectors of the campus community
can help "re-weave" and strengthen a college's "loosely coupled"
system in ways that will reduce destructive conflict. A well-nourished
mediation program play a key boundary-spanning role in an effectively
administered university. And because universities are people-processing
institutions that require flexibility, they can benefit from a mediation
service that is equipped to respond to the inevitable exceptions
that arise from ongoing attempts to standardize procedures.
There are a variety of good arguments for why campuses are conducive
settings for mediation. Some of them include:
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1) Campuses create a definable community with clear
boundaries and shared social norms. This situation is similar
in an unusual way to the tribal and agrarian settings where
mediation was first "discovered" and studied by anthropologists
in the 1950's and 60's. Simply leaving the community or ignoring
the other party as a means to resolve conflict does not come
as easily on college campuses as in some other settings, and
thus mediation makes sense.
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2) Campuses typically include some very close quarters
for both student residents and staff. This almost invariably
creates numerous situations wherein a high density of people,
often from very diverse backgrounds (urban/rural, rich/poor,
etc.), are required to interact frequently and interdependently
(as roommates, officemates, classmates, etc.), thereby creating
both conflict situations and the need to resolve them productively.
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3) There is a great diversity of relatively strong "subcultures"
that co-exist on any particular campus. This leads to powerful
differences of perception, opinion, and lifestyle, which are
common sources of conflict. As Peterson and Spencer, in their
article "Understanding Academic Culture and Climate", remind
us,
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"The literature on differing perceptions of administrators,
faculty, and students and on the differences among disciplines
and professions is extensive. Sensitivity to the potential existence
of subcultures and subclimates is important for anyone doing
(work) in this arena." (p 16)
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The existance of these strong subcultures make campuses unique
"conflict laboratories" where individuals with great perceptual
and value-based differences must coexist in an environment that
clings to overarching norms of collegiality and reasoned persuasion.
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4) Increasingly, the campus setting provides mediation
program planners with a range of in-house "conflict resolution
experts" who have practical and/or theoretical experience with
various aspects of dispute resolution. These people can be seen
as allies and program architects. Asking around at the Business
School, Law School, Schools of Social Work or Teacher Education,
Peace Studies Programs, the Ombudsperson's Offices, Residential
Life Offices, etc. can often lead to a surprising number of
people touched by the ADR movement, and those who have extensive
experience resolving campus disputes informally.
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5) Finally, it appears that a certain level of "cultural
saturation" is occurring around the ideas espoused by the mediation
movement. The popular press has made people more aware of mediation
and negotiation as viable options. Local community mediation
centers have proven themselves, and more and more elementary
schools, junior highs, and highschools are turning out students
who have had direct experience with mediation/conflict resolution
programs or curriculum before coming to college. These highschool
graduates not only bring conflict management skills to their
new campus, they also bring expectations about how their chosen
institutions will manage and respond to conflict. While there
is still a decided lack of programs at the community college
level, work has begun there as well. These educational innovations
at other levels are now beginning to bear fruit at the collegiate
level.
The Administrative Effectiveness Argument
As Girard, Townley and Rifkin (1985) and others point out, there
are many administrative concerns that potentially can be addressed
by mediation programs. From the point of view of an administrator,
mediation may be useful for the following reasons.
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1) Internal, low-level resolution of disputes is clearly
preferred to more costly options such as litigation, internal
upheaval, or bad publicity. MIT ombudsperson Mary Rowe also
argues that staff members in conflict actually prefer a multiple-option
approach to dispute resolution that includes the option of an
informal response.
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2) During times of decreasing college enrollments and
smaller pools of college-bound highschool students, concern
among college decision-makers about retention of students increases.
Mediation is another tool that can assist administrators and
staff in keeping those students who do opt to come to their
campus from leaving due to unresolved or painful conflict experiences.
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3) Mediation can support the educational goals of the
organization while still addressing breeches of the social contract.
Disputants often learn important lessons from conflicts that
are handled appropriately.
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4) Management studies have found that between 25-30%
of the typical managers time is spent responding to conflict.
(see Dana, 1984) The more that disputes can resolved at a low-level,
the less administrative time must be spent arbitrating the myriad
of disputes that arise among both staff and students.
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5) Mediation can help maintain good relationships among
individuals and groups on campus and between the institution
and the local community. This is an important goal for most
campus administrators, as it makes their jobs easier in the
long run.
Theories of Effective Campus Leadership
There are concepts of leadership in the field of higher education
that can also be used to argue for the value of mediation. For instance,
researchers Cameron and Whetton (Cameron, & Whetton, 1985) have
outlined eight tenets that they see as essential for administrative
effectiveness in higher education that fit well with a mediation
approach. I would suggest that campus mediation services can play
a helpful role in all eight areas. Cameron and Whetton argue that
effective college administrators must:
1) Place emphasis on process and outcome;
2) Have low fear of failure, and willingness to take risks;
3) Nurture the support of strategic constituencies;
4) Not immediately succumb to the tyranny of "legitimate demands;"
5) Leave a distinctive imprint;
6) Error in favor of over-communication, especially in times of
flux;
7) Respect the power of organizational cultures; and
8) Preserve and highlight sources of opportunity at the institution.
Campus administrators who buy into these ideas should embrace rather
than fear the introduction of mediation programs on their campuses,
as well-developed programs can help them achieve their overall goals
more effectively, and provide a "safety net" to support other innovative
efforts.
The Student Satisfaction Argument
Students remain the primary "customer" on campuses, and it is useful
to point out that mediation can help maintain student (i.e., customer)
satisfaction. From student's point of view the option of using mediation
can be important because:
1) students don't want to have to "turn in" or "bust"
others in order to address problems;
2) students appreciate services that can address both off-campus
as well as on-campus life, and they appreciate tangible support
in resolving disputes;
3) "small" problems can get addressed, instead of falling
through the bureaucratic cracks;
4) mediation can help prevent escalation and prolongation
of conflict that disrupt their social and academic life;
5) students enjoy and benefit from the learning opportunities
provided through training as a volunteer or intern at a center;
6) mediation provides students with a new way to approach
each other and deal with disputes. This can mean a second chance
for friendships that might otherwise have been lost due to the
negative effects that conflicts can have on emerging relationships;
7) mediation provides another tool for dealing with conflicts
with roommates and club members from very diverse backgrounds
and lifestyles.
In many cases students have been the most vocal supporters of programs.
Several programs are being run as student collectives. As more and
more students come out of highschools that have mediation programs,
student support and interest in campus mediation is very likely
to increase.
The Fostering Positive Values Argument
Another compelling argument for campus mediation is that it provides
a mechanism to help instill and support certain values within the
community. Drawing on the experience of neighborhood-based programs
such as San Francisco Community Boards, campus-based mediation/dispute
resolution systems have the potential to provide strong community
building function, one that can respond to people's interest in
performing significant "civic" work at the campus or community level.
The volunteer mediators and advisory board members of a center,
for example, are given the opportunity to work collaboratively with
others who may be quite different from themselves, building a community
cohesiveness that is based on common work and experience. At the
Campus Mediation Program I directed at Syracuse University, faculty,
graduate students, undergraduates, administrators, and staff members
from many different areas of campus life went through mediation
training together, and built relationships at a level that did not
exist before. Through this process common norms and values were
established and promoted -- values such as equality, appreciation
of differences, cooperation, and nonviolence.
Some important values that can be articulated and supported by
a campus mediation center include the following:
1) Conflicts are a part of campus life, and they have
value when they are understood.
2) The peaceful expression of conflict within the community
is a postive value. It can help prevent damaging and costly conflict
escalation.
3) Sharing the responsibility for conflict resolution more
equally between those experiencing the conflict and the institution
at which it occurs is a valuable teaching tool that builds responsibility
and accountability. It provides a hedge against people's tendency
to want to "give away" their conflict to someone else to handle.
4) The modeling provided by people who voluntary and nonviolently
resolve conflict can build and reinforce community norms.
5) Developing and nurturing diversity and tolerance for
differences is essential for campus survival. Mediation provides
a good vehicle for working through differences in a respectful
manner.
Areas for Further Development
Arguments as to how mediation can address the perspectives and concerns
of faculty and unionized and non-unionized staff on campus is largely
missing from the above discussion. Programs addressing conflicts
within and between these groups have been slower to develop, due
in part to faculty's focus on autonomy, and to the reticence of
human resource personnel (and union-leaders on unionized campuses)
to modify their existing conflict resolution and grievance-handling
systems. Another important campus constituency left out of this
discussion are the campus attorneys and legal services staff. Only
recently have their national organizations begun to explore the
possible utility of mediation. Developing the case for mediation
for these groups should be high on our collective agenda.
Finally, we might also begin to share ideas and perspectives on
the different rationales for promoting campus mediation more effectively.
What success have others had in petitioning for conflict resolution
programs at their institutions? For people who have tried the arguments
suggested in this article, what have been the results? It may also
be worthwhile to begin to explore and compile arguments used against
campus mediation as well as those used in its support. It is clear
that there is much to do besides argue the case for campus mediation.
We must continue to develop and refine the way mediation centers
are run and the way that conflict resolution is practiced within
higher education. We must also improve and refine our methods for
evaluating campus mediation work, measuring less tangible variables
such as the impact of conflict resolution programs on campus "culture."
With improvements such as these, it is possible that the arguments
in support of the improved management of conflict in higher education
will become increasingly self-evident.
At the time this article was written, Bill Warters was the Director
of the PhD program in Dispute Resolution at Nova Southeastern University.
Dr. Warters was also the Chair of the National Association for Mediation
in Education's (NAME) Higher Education Committee.
References
Baldridge, J. V., Curtis, D. V., Ecker, G. P., & Riley, G. L.
(1977). "Alternative models of governance in higher education."
In J. V. Baldridge, & T. E. Deal (Ed.), Governing Academic
Organizations (pp. 2-25). Berkeley: McCutchan Publishing.
Cameron, K. S., & Whetton, D. A. (1985). "Administrative Effectiveness
in Higher Education." Review of Higher Education, 9:1:35-49.
Dana, D. (1984). "The Costs of Organizational Conflict," Organizational
Development Journal, Fall:5-6.
Girard, K., Townley, A. Rifkin, J. (1985). Peaceful Persuasion:
A Guide to Creating Mediation Dispute Resolution Programs for College
Campuses Amherst, MA: The Mediation Project.
Peterson, Marvin W. & Spencer, M. G. (1990) "Understanding
Academic Culture and Climate," New Directions for Institutional
Research, 68:Winter:3-18.
Rowe, M. P. (1990). "People Who Feel Harassed Need a Complaint
System with Both Formal and Informal Options" Negotiation Journal,
April:161-171.
Weick, K. E. (1976). "Educational organizations as loosely coupled
systems." Administrative Science Quarterly, 21:1:1-19.
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