Overview of Community Mediation
History * Definition of Mediation * Mission of NAFCM * Activities of NAFCM * Community Mediation Program Statistics * Neighborhood and Community Disputes * Family/Custody Disputes * Juvenile and School Mediation * Victim/Offender Mediation * Court/Legal System Referrals to Mediation * Innovative Applications of Mediation * Conclusion * Resources
History The roots of community mediation can be found in community concerns to find better ways to resolve conflicts, and efforts to improve and complement the legal system. Citizens, neighbors, religious leaders* and communities became empowered, realizing that they could resolve many complaints and disputes on their own in their own community through mediation. Experimental community mediation programs using volunteer mediators began in the early 1970's in several major cities. These proved to be so successful that hundreds of other programs were founded throughout the country in the following 2 decades. Community mediation programs now flourish throughout the United States.
Community mediation is characterized by, and/or Committed t (1) the use of trained community volunteers as the primary providers of mediation services; volunteers are not required to have academic or professional credentials; (2) a private non-profit or public agency, or program thereof, with a governing/advisory board; (3) mediators, staff and governing/advisory board are representative of the diversity of the community served; (4) providing direct access of mediation to the public through self referral and striving to reduce barriers to service including physical, linguistic, cultural, programmatic and economic; (5) providing service to clients regardless of their ability to pay; (6) initiating, facilitating and educating for collaborative community relationships to effect positive systemic change; (7) engaging in public awareness and educational activities about the values and practices of mediation; (8) providing a forum for dispute resolution at the early stages of the conflict; and (9) providing an alternative to the judicial system at any stage of the conflict. top
Definition of Mediation
Mediation is a process of dispute resolution in which one or more impartial third parties intervenes in a conflict or dispute with the consent of the participants and assists them in negotiating a consensual and informed agreement. In mediation, the decision-making authority rests with the participants themselves. Recognizing participant needs, cultural differences, and variations in style, the mediation process allows participants to define and clarify issues, reduce obstacles to communication, explore possible solutions, and, when desired, reach a mutually satisfactory agreement. Mediation presents the opportunity to express differences and improve relationships and mutual understanding, whether or not an agreement is reached. top
Mission of NAFCM
The purpose of NAFCM is to support the maintenance and growth of community-based mediation programs and processes, to present a compelling voice in appropriate policy making, legislative, professional, and other arenas, and to encourage the development and sharing of resources for these efforts. top
Activities of NAFCM
A small group of community mediation program directors founded NAFCM in 1993. Since then, NAFCM has grown to include over 500 members including 260 programs, individuals and affiliated members, in 45 states, U.S. territories and other countries. NAFCM publishes a quarterly newsletter, an annual report, directory and policy papers on key issues such as quality assurance. From 1996-1999, NAFCM was a training and technical assistance provider for the Corporation for National Service. During that time, more than 10,000 AmeriCorps members and staff were trained in conflict resolution skills. From 1998-2001, NAFCM worked with the Department of Justice's Office of Community Oriented Policing (COPS) to create linkages between community mediation centers and community policing.Police and Community members across the country attended training sessions using NAFCM's partnering curriculum, which was published for the general public in 2002 in the Community Oriented Policing Curriculum (available for order in the PUBLICATIONS AND VIDEOS section of this website). top
Community Mediation Program Statistics
Statistics tell part of the story in the great national growth of community mediation programs. Ten years ago, it is estimated that there were approximately 150 community mediation centers; today, it is estimated that there are more than 550.
- # of community mediation programs = >550**
- # of active volunteer community mediators = >19,500
- # of citizens trained by community mediation programs = >76,000
- # of disputes (cases) referred on an annual basis = > 97,500
- # of disputes (cases) mediated on an annual basis = > 45,500.***
The typical (median) community mediation programs has 1.5 staff, 30 active mediators, operates on a $40,000 annual budget, receives 150 referrals per year and mediates 70 cases. Some programs in small communities may have only one part time staff such as in Yellow Springs, Ohio; whereas others may include over 20 staff, such as the Center for Conflict Resolution in Chicago.
Some states have been very active in supporting community mediation statewide. For example, the New York state legislature provides funding to centers serving all 62 counties in the state. New York community mediation centers received over 44,000 case referrals in the 1996 fiscal year involving over 100,000 people.
Michigan has provided funding to twenty-nine programs across the state. North Carolina's 26 programs receive support from a diverse array of sources in addition to some legislative funding.
Nebraska's six regional community centers are supported by the Nebraska Office of Dispute Resolution and other local, state, and federal sources.
Records from programs throughout the country demonstrate that 85% of mediations result in agreements between the disputants. Similarly, studies show that disputants uphold these agreements 90% of the time. As a testament to disputants' high satisfaction with community mediation, a full 95% of participants indicate that they would use mediation again if a similar problem were to arise in the future. Community mediation programs are involved in a wide variety of disputes. top
Neighborhood and Community Disputes
These types of disputes are considered the major caseload of most programs. They consist of interpersonal cases involving neighbors or family members or others who have a fairly close relationship. These cases can range from noise complaints, landlord/tenant and consumer/merchant disputes, to assaults, threats, and harassment problems. top
Family/Custody Disputes
Most community mediation programs have a specialized track for family mediators. These mediators often take 40-60 hours in special family training. Some mediations include all the divorce/family issues and may last several sessions. Some mediations focus specifically on visitation and may take a single session. Increasingly, family disputes are being viewed broadly beyond divorce/custody to include grandparent visitation and disputes involving family members other than the husband and wife. In particular, mediation between parents and teen-aged children is becoming a major area of effort. top
Juvenile and School Mediation
Most community mediation programs believe that the sooner people learn basic problem solving and communication skills, the sooner they can solve their own problems and improve their relationships. Violence is dramatically affecting our children. It is estimated that 23% of the victims of assault, robbery and rape are between the ages of 12-17, although they account for less than 10% of the U.S. population. Much of this violence is perpetuated by young people. Thus, community mediation programs began school conflict resolution programs. Evaluations indicate impressive results. In one study, 90% of the teachers said they are more willing to let students take responsibility for solving their own conflicts. 80% of the student mediators agreed that the mediation process helped them to understand people with different views. Often, schools with mediation programs report an 80% reduction of office referrals of student problems; 80% reduction in student fighting; and 75% reduction of school suspensions. top
Youth/School Articles
Victim/Offender Mediation
A growing number of community mediation programs offer victim/offender mediation - an opportunity for victims and offenders to conduct a dialog. Often these parties are strangers. In the late 1970's, only a handful of such programs existed; a recent survey finds over 125 programs in the U.S. Most of these programs do not handle extremely serious cases such as rapes and armed robberies. Statistics indicate that over 90% of the mediation sessions produced a negotiated plan to compensate the victim and more than 80% of juvenile offenders complied with their restitution obligation. Considerably fewer and less serious additional crimes were committed within a one-year period by juvenile offenders who participated in a victim-offender mediation program than by similar offenders who did not participate in mediation. Most community mediators hope that this process humanizes the situation and increases sensitivity to the victim; therefore, creating the potential of restorative justice top
Courts/Legal System Referrals to Mediation
Most community mediation programs receive a substantial portion of their case referrals from court clerks, prosecutors, judges, and the police. top
Innovative applications of mediation
Beyond the types of cases referred to above, community mediation programs are highly involved in parent/child disputes; school conflicts including truancy and gang mediation; and other civil disputes. Programs throughout the country are also involved in a diverse variety of innovative applications involving such issues as construction sites, prison, AIDS, race relations, boycotts, migrant workers, agriculture, clean air/water rights, public policy, farm grazing rights, employment. religious disputes, community policing and business/corporate disputes. top
Conclusion
Community mediation programs continue to grow and prosper. As diversity and differences increase in the U.S., the opportunities for conflicts and disputes will increase concomitantly. A recent survey stated that 82% of Americans would prefer to go to a mediator rather than go to court. Despite the active use of volunteer community mediators, more resources need to be devoted to this arena. NAFCM is taking a leadership in assuring adequate resources, fair access to all citizens, and high quality for all community mediation programs. Mediation has the potential for transforming our conflictual society into a collaborative, problem-solving one.
Community mediation truly has its roots in the tradition of democratic self-governance. Community mediation programs have the potential of empowering citizens to effectively operate in a democracy. Programs and mediators teach citizens to resolve their disputes through participation. The mediators may actually be the greatest beneficiaries of community mediation. As a result of mediators practicing mediation, seventy percent (70%) believe that they have improved their abilities to help people solve their problems; and 56% feel that they have improved their own communication skills. The mediation process is progressive and creative with the potential of opening doors and opening dialog. This often results in greater understanding and finding common ground.**** The National Association for Community Mediation (NAFCM) is growing and continues to strengthen its support of community mediation. Thanks must be given to the William and Flora Hewlett Foundation, Southways Foundation, Surdna Foundation, members and contributors. NAFCM is forming a variety of partnerships with various national associations and governmental entities. There is much work to be done to accomplish the mission of NAFCM: to incorporate community and consensus building into all aspects of American society.
*Among the religious leaders who have and are playing a significant role in community mediation is the American Friends Service Committee (Quaker) and the Mennonite Central Committee.
**It is estimated that in 1976, there may have been less than 10 community mediation centers; in 1986, approximately 100 community mediation programs.
***There has been little national evaluation or compilation of community mediation; thus, these statistics are based on research in certain states or regions.
****Ideas and statistics excerpted from Democracy in Action: A Brief Review by Trena Cleland, June, 1996.
Resources
Note: The National Association for Community Mediation expresses great thanks to the late Researcher and Evaluator Dan McGillis of Abt Associates, Inc, in Cambridge, Massachusetts, for his enormous assistance to this document. top
Schools:
Resolving Conflict Through Mediation, Aetna Insurance Company, brochure, 1995.
Maryland Middle School 1995 Annual Report.
"Building the Peace: The Resolving Conflict Creatively Program," DOJ, Office of Justice Programs, NIJ, 1994.
Victim-Offender Mediation:
"The Development and Impact of Victim-Offender Mediation in the U.S.," by Mark Umbreit, Mediation Quarterly, Volume 12, Number 3, Spring, 1995.
Courts:
Community Dispute Resolution Programs and Public Policy, Daniel McGillis, December, 1986, U.S. Department of Justice, NIJ.
Conclusion:
1992 NIDR National Study to survey public opinion towards dispute resolution document.
Other:
Community Dispute Resolution Manual, Insights and Guidance from Decades of Practice, NIDR, 1991.
Building the Collaborative Community, by William R. Potapchuk and Caroline G. Polk, 1994.
"Perspectives and Prospects for the Future" by Scott Bradley and Melinda Smith, NIDR News, November/December, 1995, Volume II, Number 6.
Neighborhood Justice Centers Field Test, Final Evaluation Report, by ISA, Janice Roehl and Royer Cook, 1980, DOJ/NIJ.
"The Community Board Program Since 1976," Community Board Progam, San Francisco, CA.
"Community Mediation Centers: Delivering First-Class Services to Low-Income People for the Past Twenty Years," Mediation Quarterly, Volume 15, Number 1, Fall, 1997, by Larry Ray.
Community Mediation Programs: Developments and Challenges, Daniel McGillis, July, 1997, U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, document#165698.
