Resolving Campus ConflictWhile significant advances to institute informal means of resolving disputes have been made in the business sector and the legal community, the implementation of alternative dispute resolution methods in resolving campus disputes had been slow and, in some institutions, nonexistent. There are a variety of dispute resolution mechanisms that can be utilized on campus for the myriad of disputes found there.
OmbudsThe concept of an ombudsman originated in Sweden (the word means “representative of the people” in Swedish) in the 18th century. It has evolved into many different meanings in different parts of the world and different sectors of life, including government, business, and schools. There are at least 100 colleges and universities in the United States with ombuds programs (Stieber, “Resolving Campus Disputes: Notes of a University Ombudsman,” The Arbitration Journal, vol. 37, no. 2, June 1982).
Generally, an ombuds on a university or college campus handles complaints and grievances of faculty, staff, and/or students. The ombuds is not necessarily a neutral in a dispute since the role of the ombuds sometimes means championing the cause of one side in a disagreement. The ombuds can also choose among available remedies, sometimes creating new solutions that are workable to both parties. Or the ombuds may decide to mediate the case or refer it to mediation on campus. In some instances, the ombuds may turn the dispute over to another entity on or off campus.
MediationMediation is a process in which a neutral facilitates settlement discussions between parties. The neutral has no authority to make a decision or impose a settlement upon the parties. The neutral attempts to focus the attention of the parties upon their needs and interests rather than upon rights and positions. The process is voluntary and confidential. There are a number of different ways that mediation has been used on campus, but the two approaches which have gained relatively wide acceptance are peer mediation programs and campus mediation centers, which may or may not use peer mediators.
Peer mediation is a process where professionally trained student mediators help other students work through conflict. Peer mediation programs may be totally student operated, or they may receive some assistance from university administration. Usually a staff or faculty advisor with some experience in mediation oversees the development of the program and gathers a group of students to be trained who will constitute the core of volunteers to support the program. Peer mediation programs provide a wonderful training ground for students, enhance their conflict resolution skills and teach them a new process. Such programs can also provide a vehicle for campus education and outreach, where peer mediators speak to campus organizations about the benefits of the program and about conflict resolution.
Another approach to using mediation on campus is to create a separate office or center offering mediation services for students. Usually a campus mediation center is staffed by one or more conflict management professionals who coordinate the office, conduct intake sessions and mediate the disputes that they deem appropriate. Often, these programs are established as a joint effort between two administrative sectors or an academic department and student affairs. Questions of credibility that may arise with a peer mediation program seem to be less frequent with a campus mediation center. Also, the staff of a campus mediation center may be better equipped to provide training and education around campus, eventually leading to the involvement of faculty, staff and students as mediators.
Formal Grievance ProceduresHistorically, institutions of higher education have relied exclusively on formal mechanisms of dispute resolution. These formal procedures have included hearing panels, judicial boards and student conduct committees. Although there are certainly situations where these formal procedures are needed, formal processes usually do not allow for resolution of the underlying dispute which may have caused the behavior that led to the grievance. Usually, the student judicial process is adversarial, with emphasis on due process and student rights. Often, it results in a feeling of alienation among the participants.
Some grievance procedures are used in conjunction with a code of student conduct whereby anyone on campus can file a complaint against a student who has breached some provision of the code. The student will then usually have to respond to the charges before a panel that may be composed of faculty members, administrators and/or student representatives. In some instances, the panel or board renders a final decision. In others, the panel or board acts in an advisory capacity, making a recommendation to a dean, vice president or president, who makes a final decision based on the panel’s advice.
Formal grievance procedures also differ from institution to institution in the extent to which they follow quasi-judicial procedures and practices. Some boards or panels may allow attorneys to be present at the hearing, while others do not. Some follow, although quite loosely, rules of evidence, others do not. Most schools have separate grievance procedures for faculty, staff and students.
ArbitrationArbitration involves an independent third party to resolve a dispute. The third party hears both sides of the problem, then decides what the solution ought to be. The process is called binding arbitration if the third party can apply sanctions for failure to accept or abide by the decision. It is called nonbinding or advisory when the arbitrator does not have any special enforcement powers. Most often, formal grievance procedures use a process that resembles arbitration without calling it by name. It is less formal than litigation, but often resembles it in many other ways.
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