Negotiation and Mediation

sunset over the ocean
Negotiation and Mediation

Daily conflict handling, including discipline in schools, is (implicit) teaching: it models, affirms, and has students practicing particular approaches and abilities.

How to Begin

Peacemaking may begin with gentle peacekeeping intervention, as needed, to establish safety and the parties’ willingness to engage in mutual problem-solving. Then, peacemaking dialogue processes address each party’s perspectives, concerns, feelings and interests that have caused or would help to solve the problem.  After that, the parties suggest action options and discuss ways to solve or repair the problem.  So, skilled peacemaking includes conflict analysis: discerning and explaining to one another the concerns (interests) that are motivating and constraining each side, then predicting consequences of various options for solving the problem.

Educators need to teach students specific words and strategies for handling conflict non-violently – to make peace in the real conflicts they experience, for instance with their peers.  Here is a strategy we learned from one Canadian elementary teacher:  she taught her elementary class a simple peacemaking process that begins with self-regulated peacekeeping, “Stop and Think,” that they could carry out independently. She begins by acknowledging that a conflict situation may make one feel uncomfortable or upset, so the first step is self-regulation to stop escalation of the conflict into a dangerous situation.  Once the situation is safe, then the young people engage in problem-solving and sometimes relationship-repairing dialogue.

  1. STOP until you can talk safely, because anger is close to danger.
  2. State the problem: take turns, each speaks
  3. Understand the problem: ask questions to find wants and needs of each person
  4. Brainstorm to solve the problem.
  5. Try the solution, and evaluate how it goes

Students in other schools, in Canada and Mexico, suggested another way that they wanted their teachers to teach and facilitate peacemaking. In the research focus groups, they asked for more role play activities to practice conflict resolution skills in different scenarios relevant to their lives.  For instance: Maybe two people are acting out fighting each other and the rest of the kids take turns in trying to solve the problem … There is a little play happening, or with puppets.”

The idea is for teachers and students to remember examples of conflicts that have happened (begin with the simple ones), and to act out the roles (perspectives, feelings, and actions) in some of these scenarios in the form of “a little play,” stopping when the conflict has escalated.  Audience members (classmates) may step in to take over and reinterpret a role, or may suggest what each actor could or should do…  Debriefing discussion after these role plays is important, to invite and consider differing opinions and to help students to develop vocabulary and fluency that in turn will help them to think through conflicts constructively and flexibly.

Negotiation and Mediation are dialogue processes for conflict resolution (peacemaking).

Negotiation is direct discussion between parties involved in a conflict to reach a settlement agreement.  Students may practice the following negotiation approach proactively as an opportunity to learn (using conflict examples from experience, literature, textbooks, or news), so that students will become sufficiently skilled to use negotiation to de-escalate and resolve real dispute incidents, in the moment of conflict.

  • Each party states the problem from their perspective, with the other(s) listening
  • Parties discuss their own and each other’s interests (needs, wants and concerns)
  • Brainstorm ideas to satisfy the interests of each party
  • Collaboratively evaluate and synthesize solutions to arrive at a fair, win-win agreement
  • Plan implementation of solutions and follow-up check-in

Mediation is negotiation facilitated by a fair and open-minded third-party facilitator (that is, a mediator), who assists parties in communicating to reach their own resolution to their conflict, on a voluntary basis. In peer-mediation in schools, some or all students receive training and practice in negotiation and mediation, and opt to serve as peer mediators. Peer mediation is a type of student peacemaking leadership, in which mediators use various techniques to open, smooth, or improve problem-solving dialogue between disputants, aiming to help the participants to reach a voluntary, mutually-satisfactory agreement.  A peer-mediation process involves the following steps, beginning by establishing safety to enable the disputing parties to engage in the peacemaking dialogue process:

  1. Preparation & Introduction to process:  Mediator(s) inform & assess each party's readiness to engage in problem solving; participants agree to ground rules (no interrupting or put-downs, confidentiality)
  2. Gathering information (stories):  Each party takes a turn telling (mediator) their experience and feelings about the problem (what they want, how they feel)
  3. Understanding the problem:  Parties talk directly to each other, with mediator’s help, to clarify (mutual understanding: wants, feelings, reasons)
  4. Brainstorming solutions:  Parties (not mediator) suggest (several) possible actions that each party could take to solve or ease the problem
  5. Negotiating, choosing a solution:  Each party (not mediator) evaluates whether each idea might work & whether s/he could agree to that; then, synthesize & clarify agreement
  6. Closing: Thanks, confidentiality reminder, handshake (optional formal recorded agreement:  all parties & mediators sign, plan follow-up)

Peer Mentoring

One intermediate teacher in Canada described peer mentoring as another peer-led community building strategy, in this instance to help new students (immigrants from other countries) to cope with their new school environment while building relationships with their peers: “On Wednesdays for 12 weeks, these [newcomer immigrant, English as a Second Language]students are going to meet with the students who are going to be their peer mentors – to help them to understand how to navigate their society.” Peer mentoring is different from mediation, because the mentor is expected to give (but not receive) advice.  In contrast, a mediator facilitates only the participatory dialogue process, not suggesting solutions but maintaining their peers’ autonomy to make their own decision about their dispute.  At the same time, peer mentoring and peer mediation use some overlapping skill sets, and each of these kinds of student leadership programming has value for building peaceful, inclusive relationships as well as for peacemaking in conflict episodes.