NCJ Number
43960
Date Published
1977
Length
15 pages
Annotation
METHODS USED BY THE AMERICAN ARBITRATION ASSOCIATION TO PREPARE CITIZENS TO ACT AS MEDIATORS/ARBITRATORS IN INTERPERSONAL DISPUTES ARE DESCRIBED.
Abstract
THE ASSOCIATION'S CRIMINAL COURT DIVERSION PROGRAM OFFERS MEMBERS OF THE COMMUNITY THE OPTION OF RESOLVING THEIR INTERPERSONAL DISPUTES (E.G., HARASSMENT, SIMPLE ASSAULT, CONVERSION OF PROPERTY) IN A MEDIATION/ARBITRATION FORUM RATHER THAN IN A CRIMINAL COURT. MEMBERS OF THE COMMUNITY ACT AS NEUTRALS WHOSE GOAL IS TO MEDIATE DISPUTES. WHEN MEDIATION IS SUCCESSFUL, THE PARTIES' AGREEMENT IS COMMITTED TO WRITING AND ADOPTED BY THE NEUTRAL AS THE ARBITRATION AWARD. WHEN MEDIATION IS NOT SUCCESSFUL, THE NEUTRAL IMPOSES AN ARBITRATION AWARD. TRAINING PROGRAMS FOR SOME 200 COMMUNITY MEDIATORS HAVE BEEN CONDUCTED IN ROCHESTER, N.Y.; SAN FRANCISCO, CALIF.; AND AKRON, OHIO. TRAINING GROUPS ARE LIMITED TO 25-30 PERSONS. THE PARTICIPANTS ARE VOLUNTEERS WHO WISH TO ENGAGE IN COMMUNITY SERVICE. THE TRAINING PROGRAM EMPLOYS THE TECHNIQUES OF LECTURE, DISCUSSION, SIMULATION, ROLE-PLAYING, AND AUDIOVISUAL PRESENTATION. THE TRAINING, WHICH FOCUSES ON THE DYNAMICS OF THE NEGOTIATING PROCESS, CAN BE COMPLETED IN TWO WEEKENDS. TRAINEES ARE TAUGHT THE KINDS OF INFORMATION THE MEDIATOR MUST OBTAIN FROM PARTIES TO A DISPUTE, TECHNIQUES OF USE IN GAINING SUCH INFORMATION, LEGAL AND PRACTICAL CONSTRAINTS ON THE ROLE OF THE MEDIATOR/ARBITRATOR, AND THE ELEMENTARY RULES OF EVIDENCE. SKILL-BUILDING EXERCISES INCLUDE ROLE-PLAY HEARINGS AND PRACTICE IN DRAFTING AGREEMENTS AND AWARDS. A COPY OF THE TRAINING PROGRAM CURRICULUM IS APPENDED.